Setting aside

Akram v Adam CA TLR 29 December

The claimant landlord instituted proceedings for possession against the defendant tenant. Notice of proceedings was sent by first class post to the defendant’s usual or last known address under CPR rule 6.5(6). No acknowledgement of service was received and judgment in default was entered. The defendant claimed that he had not received the claim and therefore applied to have the judgment set aside as a matter of right, without a judge considering the merits of his proposed defence.