County Court At Central London Sets Aside Judgement Made Against Incorrect Party & Dismisses Claim Due To Improper Service
County Court At Central London Sets Aside Judgement Made Against Incorrect Party & Dismisses Claim Due To Improper Service
North Ford Solicitors successfully represented a Client in a recent case where a Company sought to pursue a claim for non-payment of utility invoices against our Client. Our Client was represented by Salmaan Islam (Solicitor) and Fabbiha Chowdhury (Solicitor) of North Ford Solicitors, with Nazifa Chowdhury of Pump Court Chambers acting as Counsel.
Our Client claimed that he was not a party to any contract with the Company and therefore sought to oppose the claim. However, unknown to our Client, Judgment had already been entered against him. Our Client sought our Firm’s assistance to set aside the Judgment against him and have the claim dismissed.
We filed an application at Court on behalf of our Client. The application to strike out the claim was based on two primary grounds: the claim being brought against an incorrect party under CPR 3.4(2)(a), and improper service of the Claim Form and Particulars of Claim under CPR 3.4(2)(c) in conjunction with CPR 6.9(2)2.
Our Client was incorrectly identified in the contract by the Claimant and was not served at his usual or last known residence. The Claimant served the documents at an address that was neither our Client’s residence or last place of business. This improper service was a significant factor in our representation to strike out the claim. The improper service of documents was a critical issue that led to our Clients successful application to strike out the claim.
Furthermore, our Client sought to have the Default Judgment set aside based on the improper service. The court's power to strike out a statement of case under CPR 3.4(2)(a) and (c) was instrumental in this matter, as it allows the court to strike out a claim if it discloses no reasonable grounds for bringing the claim or if there has been a failure to comply with a rule, practice direction, or court order. We were successful in having the Judgment set aside against our Client.
North Ford Solicitors' diligent representation and strategic application of the relevant Civil Procedure Rules ensured a favourable outcome for the Defendant, demonstrating our commitment to achieving justice for our clients.
