Nelson & Anor v Clearsprings (Management) Ltd [2006] EWCA Civ 1854 (20 December 2006)

Nelson & Anor v Clearsprings (Management) Ltd [2006] EWCA Civ 1854 (20 December 2006)

The application to set aside a judgment entered without service is not governed by the strict principles in White v Weston or by CPR 39.3(5); rather, the court has a discretion, which in this case should be exercised in favour of setting aside the judgment. The appellant's continued opposition to setting aside the judgment was unjustified and led to unnecessary costs.

Citation
[2006] EWCA Civ 1854
Parties
Claimant/appellant: Nelson; Co Claimant: Handley; Defendant/respondent: Clearsprings (Management) Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Civil Appeal / Appeal From Leeds County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Setting Aside Judgment, Costs Orders, Service of Proceedings, CPR 39.3(5), White V Weston Principle
Civil Procedure Setting Aside Judgment Costs Orders Service of Proceedings CPR 39.3(5) White V Weston Principle

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Parties

Nelson

Claimant/appellant

Handley

Co Claimant

Clearsprings (Management) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Leeds County Court to Court of Appeal

Legal Issues

  1. 1 Whether the principle in White v Weston applies to setting aside a judgment where there was no service of proceedings
  2. 2 Whether CPR 39.3(5) governs the application to set aside such a judgment
  3. 3 How the court's discretion should be exercised in setting aside an irregular judgment

Ratio Decidendi

The application to set aside a judgment entered without service is not governed by the strict principles in White v Weston or by CPR 39.3(5); rather, the court has a discretion, which in this case should be exercised in favour of setting aside the judgment. The appellant's continued opposition to setting aside the judgment was unjustified and led to unnecessary costs.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs of the appeal and previous hearings, except for the hearing on 8 September 2004 where there is no order as to costs.