A county court summons was purportedly served on the defendant at a previous address and he did not receive it.
Held: The court treated the case as one in which the defendant had not been duly served with process. Judgment was given against him without his having any knowledge of the proceedings. He was entitled to have the judgment set aside as of right, ex debito justitiae, on the basis that the defect was so fundamental as to entitle the defendant to have the judgment set aside.
Judges:
Russell and Sachs LJJ
Citations:
[1968] 2 QB 647, [1968] 2 All ER 842, [1968] 2 WLR 1459
Jurisdiction:
England and Wales
Cited by:
Cited – London Borough of Hackney v Driscoll CA 16-Jul-2003
The defendant sought to set aside judgment entered in his absence.
Held: The right of a defendant to have set aside a judgment where he had not known of the proceedings did not necessarily apply where, as here, he had attended one hearing, but . .
Cited – Hitachi Sales UK Limited v Matsui Osk Lines Ltd CA 1986
The court considered the effect of non-compliance with the following order: ‘Unless the Defendants do serve within 14 days the Further and Better particulars of the Points of Defence . . the Points of Defence be struck out, and the Plaintiffs be at . .
Cited – Frederic J Whyte and Partners (a Firm) v IAF Properties Limited CA 5-Nov-1996
The plaintiff had failed to comply with an ‘unless’ order.
Held: It was a clear requirement that the party should be known to have been aware of the content of an unless order. The order as drafted was fatally irregular and should be set . .
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
Updated: 18 July 2022; Ref: scu.185816