Setting aside default judgment

Question 1

Anderton v Clywd County Council [2002] EWCA Civ 933

Answer 1

The CA held that the deemed date of service was irrebuttable, even by evidence from the Applicant of receipt on a different date. The aim of the rule is to achieve procedural regularity, justice and proportionality.

Question 2

Cranfield v Bridgegrove Ltd [2003] 3 All ER 129

Answer 2

Service at “usual or last known address” is achieved by the Respondent if they serve the claim form and particulars at the Applicant’s last known address, even if the Respondent knows the Applicant is no longer resident at that address (in this instance because the house is boarded up).

Question 3

International Finance Corporation v Utexafrica [2001] All ER (D) 101

Answer 3

Moore-Bick J: “A person who holds a regular judgment, even a default judgment, has something of value and in order to avoid injustice he should not be deprived of it without good reason. Something more than a merely arguable case is needed to tip the balance of justice in favour of setting the judgment aside.”