Service was insufficient if the papers sent to an address at which defendant was never in fact present. A summons to be served by post had to go to an address where the person has a continuing presence. The case of White v West was applied independently of the rules of ther county court. The court had no discretion in the matter.
Judges:
Nourse LJ
Citations:
Gazette 16-Feb-1994, Ind Summary 03-Jan-1994, Times 14-Dec-1993, [1994] 1 WLR 832
Statutes:
County Court Rules 1981 7(10)(1)(b)
Jurisdiction:
England and Wales
Cited by:
Cited – Nelson and Another v Clearsprings (Management) Ltd CA 22-Sep-2006
The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Litigation Practice
Updated: 10 April 2022; Ref: scu.90541