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(1) David Nelson (2) Shirene Veronica Hanley v Clearsprings (Management) Ltd

Where judgment was given at trial against a defendant who had not been served with the proceedings in accordance with the CPR and had no knowledge of the proceedings, an application to set aside the judgment was not governed by r 39.3(5), CPR.

29 September 2006

The appellant (N) appealed against the setting aside of a judgment on the basis that the respondent (C) had not been served with the claim form and had no knowledge of the proceedings. N had issued proceedings against C in the county court, seeking possession of furnished residential property and claiming arrears of rent and mesne profits. The claim form had been approved by the court for postal service and was deemed to have been served two days later. By mistake, the address on the claim form was wrong. C did not respond to the claim form. N obtained a judgment and C applied to set it aside. It was common ground that judgment had been given, not in default under CPR Part 12, but after a hearing under CPR Part 55. The district judge held that, in order to have the judgment set aside, a defendant in C’s position had to satisfy the provisions of r 39.3(5), CPR. On appeal, the county court judge held that the judgment should be set aside if C had not been served with the claim form ...

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