Nikki Lumsden v Rachel Charles
Service of claim form at section 48 address is not valid after tenancy ends; relief from sanction properly refused due to serious and significant breach, lack of promptness, and absence of good reason; Judge's exercise of discretion was within the ambit of reasonable decisions.
- Parties
- Claimant/appellant: Nikki Lumsden; Defendant/respondent: Rachel Charles
- Jurisdiction
- England and Wales
- Judgment Date
- 03 December 2025
- Procedural Posture
- Appeal / Judgment on Appeal From County Court at Brentford
- Outcome
- Appeal dismissed; Judge's order affirmed.
- Legal Topics
- Relief From Sanction, Service of Claim Form, Tenancy Deposit Protection, Address for Service, CPR Compliance
Case Brief
Summary, issues, holding and outcome
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Parties
Nikki Lumsden
Claimant/appellant
Rachel Charles
Defendant/respondent
Procedural Posture
Appeal / Judgment on Appeal From County Court at Brentford
Legal Issues
- 1 Whether service of claim form at section 48 address is valid after tenancy ends
- 2 Whether relief from sanction should be granted for failure to file evidence with Part 8 claim
- 3 Whether procedural defects regarding service on co-defendants affect relief
Ratio Decidendi
Service of claim form at section 48 address is not valid after tenancy ends; relief from sanction properly refused due to serious and significant breach, lack of promptness, and absence of good reason; Judge's exercise of discretion was within the ambit of reasonable decisions.
Court Disposition
Appeal dismissed; Judge's order affirmed.
Orders
- Permission to amend grounds of appeal granted.
- Respondent's notice allowed out of time.
Full Case Text
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