|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 109 (Sep)|
|Court:||Court of Appeal, Civil Division|
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|
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.