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Judgment – Default judgment. The claimant successfully obtained default judgment in its breach of contract claim against the defendant. Judgment was subsequently set aside, as the defendant's defence, that a single prokurist could not bind it, had a real prospect of success. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the judge had been correct as to the characterisation of the issue between the parties and that issue was governed by Swiss law, the place of the defendant's incorporation. On that basis, a single prokurist could not bind the defendant, giving it a defence with a real prospect of success.
Judgment – Default judgment. The claimant successfully obtained default judgment in its breach of contract claim against the defendant. Judgment was subsequently set aside, as the defendant's defence, that a single prokurist could not bind it, had a real prospect of success. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the judge had been correct as to the characterisation of the issue between the parties and that issue was governed by Swiss law, the place of the defendant's incorporation. On that basis, a single prokurist could not bind the defendant, giving it a defence with a real prospect of success.
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