NEWLAND SHIPPING & FORWARDING LTD V TOBA TRADING FZC

[2014] EWHC 210 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Hamblen, 6 February 2014

Practice - Application for relief - Defendants not able to attend hearing and unrepresented

This was an action in respect of the purchase price of cargoes of oil. The first defendant had made advance payments of the purchase price of oil cargoes which were then sold elsewhere; the parties agreed that the advances would be put towards five further cargoes of oil to be delivered cfr Iranian Caspian Port. The claims were in respect of the purchase price for two cargoes, the first of which had been arrested in port in Iran in allegedly contrived proceedings, and the second of which had been sold in a distressed sale following alleged unsuccessful ruses by the defendant to obtain it. There was also a claim for damages for unlawful conspiracy and conversion. The defendant counterclaimed for the advances. Judgment had been entered by an order of 15 November 2013 against the first and third defendants, following a hearing which they had not attended due to not having obtained a UK visa and at which they had not been represented due to a disagreement with their solicitors. They also sought to make a late amendment to their application to rely on CPR 3.1(7), which was opposed. The judge granted partial relief.