Default judgment and Article 15(2) of the Hague Service Convention (Maritime Developments v Hindustan Oil Exploration Company)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: In Maritime Developments Ltd (‘MDL’) v Hindustan Oil Exploration Company Ltd (‘HOEC’), the High Court considered MDL’s application for judgment in default pursuant to CPR 12.3 in circumstances where MDL were facing severe difficulties trying to serve the Claim Form on the defendant in India pursuant to the Hague Service Convention. The court ultimately found that there was a power, under the Hague Service Convention, to order judgment without a certificate of service being obtained, and that the conditions for exercise of that power were met in these circumstances. Written by Emily Lodge, associate at Quinn Emanuel Urquhart & Sullivan UK LLP.