Nelson & Anor v Clearsprings (Management) Ltd [2006] EWCA Civ 1252 (22 September 2006)

Nelson & Anor v Clearsprings (Management) Ltd [2006] EWCA Civ 1252 (22 September 2006)

CPR 39.3(5) does not apply to an application to set aside a judgment where the defendant was not served with the claim form and had no knowledge of the proceedings. In such cases, the judgment is irregular and the defendant is normally entitled to have it set aside, subject to the court's discretion under CPR 3.1(2)(m) and 3.10. The appeal is dismissed and the judgment set aside.

Citation
[2006] EWCA Civ 1252
Parties
Appellant/first Claimant: David Nelson; Second Claimant: Shirene Veronica Hanley; Respondent/defendant: Clearsprings (Management) Limited
Jurisdiction
England and Wales
Judgment Date
22 September 2006
Procedural Posture
Civil Appeal / Appeal From Leeds County Court to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Setting Aside Judgments, Service of Process, Possession Proceedings, Civil Procedure Rules (cpr)
Civil Procedure Setting Aside Judgments Service of Process Possession Proceedings Civil Procedure Rules (cpr)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

David Nelson

Appellant/first Claimant

Shirene Veronica Hanley

Second Claimant

Clearsprings (Management) Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Leeds County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Does CPR 39.3(5) govern an application to set aside a judgment where the defendant was not served with the claim form and had no knowledge of the proceedings?
  2. 2 Is a defendant entitled to have a judgment set aside as of right (ex debito justitiae) in such circumstances under the CPR?

Ratio Decidendi

CPR 39.3(5) does not apply to an application to set aside a judgment where the defendant was not served with the claim form and had no knowledge of the proceedings. In such cases, the judgment is irregular and the defendant is normally entitled to have it set aside, subject to the court's discretion under CPR 3.1(2)(m) and 3.10. The appeal is dismissed and the judgment set aside.

Court Disposition

Appeal dismissed

Orders

  • Judgment set aside as respondent was not served with the claim form and had no knowledge of the proceedings.
  • Costs of the application to set aside the judgment to be paid by the claimants.