County Court At Central London Sets Aside Judgement Made Against Incorrect Party & Dismisses Claim Due To Improper Service

S ISLAM • 24 July 2025

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.

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North Ford Solicitors successfully represented a Claimant in a High Court libel claim for damages of over £100,000. The case, heard in the Kings Bench Division, resulted in a significant victory for the Claimant, who was awarded a default judgment, injunctive relief, and costs. The Claimant was represented by Salmaan Islam and Alexander Braidwood of North Ford Solicitors, with Dr. Liam Wells from Fraser Chambers acting as Counsel. The background of the case involves defamatory statements made by the Defendant on a Facebook group, alleging that the Claimant had bugged her phone and tracked her location without consent. These allegations were vehemently denied by the Claimant, who maintained that the posts were untrue and had caused serious harm to the Claimant’s reputation. Despite being served with the Claim Form, the Defendant failed to acknowledge service or file a defence, prompting the Claimant to seek summary judgment. In the submissions, the Claimant argued that the Defendant had no real prospect of success in defending the claim and that the defamatory posts had caused significant reputational damage. The court was urged to grant summary judgment to further the overriding objective of the Civil Procedure Rules, which aims to deal with cases justly and efficiently. The court agreed, noting that the Defendant's non-engagement justified proceeding in the Defendant’s absence. The court's decision included granting an injunction requiring Meta to remove the defamatory posts from Facebook and restraining the Defendant from making further defamatory publications. Additionally, the court awarded the costs of the application hearing to the Claimant. The quantum of damages is to be assessed at a future hearing, ensuring that the Claimant receives appropriate compensation for the harm caused by the defamatory statements. This case underscores the importance of addressing defamatory statements swiftly and effectively, particularly in the digital age where such statements can spread rapidly and cause significant harm. North Ford Solicitors remains committed to protecting the reputations of our clients and ensuring that justice is served in cases of defamation. If you feel that you have been the victim of defamation of character, contact North Ford Solicitors for more information on how to proceed with your case.
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