Alexander Jeffrey v Michael Teevan

Alexander Jeffrey v Michael Teevan

The claimant failed to comply with CPR 6.9 by not taking reasonable steps to ascertain the defendant's current address and improperly served documents at an address where the defendant did not reside. The existence of a deemed service order was not disclosed, and the appeal was argued on an incorrect basis. The judgment and default costs certificate were properly set aside, and the appeal is dismissed. Indemnity costs are awarded due to claimant's conduct.

Parties
Claimant/appellant: Alexander Jeffrey; Defendant/respondent: Michael Teevan
Jurisdiction
England and Wales
Judgment Date
22 May 2025
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Service of Process, CPR 6.9 Compliance, Setting Aside Judgment, Deemed Service, Wasted Costs
Civil Procedure Landlord and Tenant Service of Process CPR 6.9 Compliance Setting Aside Judgment Deemed Service Wasted Costs

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Parties

Alexander Jeffrey

Claimant/appellant

Michael Teevan

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether service of claim form and documents on the defendant was valid under CPR 6.9
  2. 2 Whether the claimant took reasonable steps to ascertain the defendant's current address
  3. 3 Effect of deemed service order of 22 July 2020

Ratio Decidendi

The claimant failed to comply with CPR 6.9 by not taking reasonable steps to ascertain the defendant's current address and improperly served documents at an address where the defendant did not reside. The existence of a deemed service order was not disclosed, and the appeal was argued on an incorrect basis. The judgment and default costs certificate were properly set aside, and the appeal is dismissed. Indemnity costs are awarded due to claimant's conduct.

Court Disposition

Appeal dismissed

Orders

  • Order of 22 July 2020 regarding deemed service set aside
  • Order of Deputy District Judge Emanuel of 25 October 2023 set aside