Nelson & Anor v Clearsprings (Management) Ltd

Nelson & Anor v Clearsprings (Management) Ltd

CPR 39.3(5) does not apply to applications to set aside judgments where the defendant was not served with the claim form and had no knowledge of the proceedings; such judgments are irregular and should normally be set aside under the court's general powers, not under the restrictive criteria of CPR 39.3(5).

Parties
First Claimant/appellant: David Nelson; Second Claimant: Shirene Veronica Hanley; Defendant/respondent: Clearsprings (Management) Limited
Jurisdiction
England and Wales
Judgment Date
22 September 2006
Procedural Posture
Civil Appeal (possession Proceedings) / Appeal From Order Setting Aside Judgment for Irregular Service
Outcome
Appeal dismissed
Legal Topics
Setting Aside Judgments, Service of Process, Possession Proceedings, Civil Procedure Rules (cpr)
Civil Procedure Landlord and Tenant Setting Aside Judgments Service of Process Possession Proceedings Civil Procedure Rules (cpr)

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Parties

David Nelson

First Claimant/appellant

Shirene Veronica Hanley

Second Claimant

Clearsprings (Management) Limited

Defendant/respondent

Procedural Posture

Civil Appeal (possession Proceedings) / Appeal From Order Setting Aside Judgment for Irregular Service

Legal Issues

  1. 1 Whether CPR 39.3(5) applies 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
  2. 2 Whether a judgment obtained without service of the claim form should be set aside as of right or at the court's discretion under the CPR

Ratio Decidendi

CPR 39.3(5) does not apply to applications to set aside judgments where the defendant was not served with the claim form and had no knowledge of the proceedings; such judgments are irregular and should normally be set aside under the court's general powers, not under the restrictive criteria of CPR 39.3(5).

Court Disposition

Appeal dismissed

Orders

  • Judgment set aside; action to proceed to trial as between the parties
  • Claimants to pay respondent's costs of the application to set aside judgment