Wards Solicitors v Hendawi

Judgment – Default of defence. The defendant's application to set aside a judgment in default was dismissed where there had been good service of the claim form, notwithstanding that it had been served at an address at which the defendant had no longer been residing. The Chancery Division held that, at the relevant date, the then CPR 6.5(4), (6) had permitted service on the defendant at his 'usual or last known residence'. The court further held that there were no grounds for the exercise of its discretion to set aside the judgment in default.

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