Akram v Adam

Akram v Adam

Service by post to the defendant's usual residence was good service under CPR 6.5(6), and the default judgment was regularly entered. The defendant had no real prospect of defending the claim, so the court properly exercised its discretion not to set aside the possession order.

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 Judgment
Outcome
Appeal dismissed
Legal Topics
Service of Process, Default Judgment, Rent Act Protection, Setting Aside Possession Orders
Civil Procedure Landlord and Tenant Service of Process Default Judgment Rent Act Protection Setting Aside Possession Orders

Case Brief

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Parties

Mohammed Akram

Claimant/respondent

Richard Benjamin Adam

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether service by post to the defendant's usual residence constituted good service under CPR 6.5(6)
  2. 2 Whether the possession order should be set aside due to lack of notice to the defendant
  3. 3 Whether the defendant had a real prospect of defending the claim

Ratio Decidendi

Service by post to the defendant's usual residence was good service under CPR 6.5(6), and the default judgment was regularly entered. The defendant had no real prospect of defending the claim, so the court properly exercised its discretion not to set aside the possession order.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs