| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 109 (Sep) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sir Anthony Clarke MR, Brooke and Waller LJJ |
| Representation | Geraint Jones QC (instructed by the Bar Licensed Access Scheme) for the first claimant. |
| Robert Smith (instructed by Restons) for the defendant. | |
| Judgment Dates: | 22 September 2006 |
Catchwords
Claim form - Service - Service on individual at usual or last known residence - Mistake as to defendant's address - Claim form not served on defendant - Judgment entered in claimants' favour in absence of defendant - Whether defendant entitled to have judgment set aside as of right - Applicability of procedural rules - Civil Procedure Rules 1998, , r 39.3.
The Case
Where a defendant could show that he had not been served (or was not deemed to have been served) with a claim form at all, then he would normally be entitled to an order setting the judgment aside and to his costs in making the application. That application was not governed by CPR39.3.
Practice Areas
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