Akram v Adam [2004] EWCA Civ 1601 (30 November 2004)

Akram v Adam [2004] EWCA Civ 1601 (30 November 2004)

Service by post to the defendant's usual or last known residence is good service under CPR 6.5(6), and where judgment is regularly obtained, the court has discretion to set it aside only if the defendant has a real prospect of defending the claim or another good reason. In this case, the defendant had no real defence, so the judgment should stand.

Citation
[2004] EWCA Civ 1601
Parties
Claimant/respondent: Mohammed Akram; Defendant/appellant: Richard Benjamin Adam
Jurisdiction
England and Wales
Judgment Date
30 November 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Service of Process, Possession Proceedings, Setting Aside Default Judgment, Rent Act Tenancy
Civil Procedure Landlord and Tenant Service of Process Possession Proceedings Setting Aside Default Judgment Rent Act Tenancy

Case Brief

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Parties

Mohammed Akram

Claimant/respondent

Richard Benjamin Adam

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether service of the claim form by post to the defendant's usual or last known residence constituted good service under CPR 6.5(6)
  2. 2 Whether the possession order should be set aside where the defendant claims not to have received notice of proceedings
  3. 3 Whether the court has discretion to refuse to set aside a regular judgment where the defendant has no real prospect of defending the claim

Ratio Decidendi

Service by post to the defendant's usual or last known residence is good service under CPR 6.5(6), and where judgment is regularly obtained, the court has discretion to set it aside only if the defendant has a real prospect of defending the claim or another good reason. In this case, the defendant had no real defence, so the judgment should stand.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs