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set asideservice of claim form
Saadati v Dastghaib
[2024] EWHC 3336 (KB)
Key Principle
An application to set aside a default judgment must be analysed by reference to the correct gateway, distinguishing the mandatory right to set aside under CPR 13.2 where the judgment was wrongly entered from the discretionary jurisdiction under CPR 13.3, and the validity or regularisation of service of the claim form is logically anterior to entry of default judgment.
Area of Law
General
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