i-law

Litigation Letter

Setting aside judgment

Nelson and another v Clearsprings (Management) Ltd [2006] All ER (D) 109 (Sep); NLJ 6 October

The claimants issued a claim form for possession of a furnished residential property but incorrectly stated the defendant’s address. As a result, the defendant was unaware of the proceedings until learning of the judgment. It applied to set aside the judgment contending that it was entitled to do so as of right or ex debito justitiae.

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