Eco Green Capital Limited v Angela Wetzel

Eco Green Capital Limited v Angela Wetzel

The claim form was properly addressed and served as required by the Civil Procedure Rules. The defendant failed to open her post, which does not constitute a good reason for her default. The delay in applying to set aside judgment was serious and significant, and no sufficient justification was provided. The judge's refusal to set aside the default judgment was correct and would be upheld on appeal.

Parties
Claimant/respondent: ECO GREEN CAPITAL LIMITED; Appellant/defendant: Angela Wetzel; Third Party Intervenor: SHCE LIMITED T/A THE SHERIFF’S OFFICE
Jurisdiction
England and Wales
Judgment Date
01 April 2026
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Service of Process, Setting Aside Default Judgment, Relief From Sanctions, Address for Service, Civil Procedure Rules
Civil Procedure Service of Process Setting Aside Default Judgment Relief From Sanctions Address for Service Civil Procedure Rules

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Parties

ECO GREEN CAPITAL LIMITED

Claimant/respondent

Angela Wetzel

Appellant/defendant

SHCE LIMITED T/A THE SHERIFF’S OFFICE

Third Party Intervenor

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claim form was correctly addressed and validly served under CPR 6.6(2)
  2. 2 Whether the default judgment should be set aside under CPR 13.3
  3. 3 Application of the Denton three stage test for relief from sanctions

Ratio Decidendi

The claim form was properly addressed and served as required by the Civil Procedure Rules. The defendant failed to open her post, which does not constitute a good reason for her default. The delay in applying to set aside judgment was serious and significant, and no sufficient justification was provided. The judge's refusal to set aside the default judgment was correct and would be upheld on appeal.

Court Disposition

appeal dismissed

Orders

  • Default judgment stands; application to set aside judgment refused.
  • Ancillary matters such as costs to be determined on paper if unresolved.