UK · EWHCCourt order
High Court sets aside Degroma without-notice order for lack of a serious issue and unfair presentation
Mr Justice Bright of the High Court set aside a without-notice order adding Panamanian ship manager Interunity Management Corporation as a defendant and permitting service out of the jurisdiction in Degroma Trading Inc v Dreter 2 Ltd, Legal Futures reported on September 30, 2026. He held the claimants had not raised a serious issue to be tried on control and beneficial ownership and that the application was not fairly presented.
Key points
- Bright J set aside Waksman J's May order adding IMC and granting permission to serve out of the jurisdiction.Legal Futures
- He found no serious issue that IMC controlled the defendants or was their ultimate beneficial owner.Legal Futures
- Counsel failed to show Waksman J two Malta beneficial-ownership notices filed for the relevant entities.Legal Futures
- A 2024 Morgan Lewis email stating Alexandra Mangos was beneficial owner was not fairly flagged against the claimants.Legal Futures
- Bright J said advocates on without-notice applications must test logical flaws and follow Commercial Court Guide appendix 9.Legal Futures