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Don't trip up on the Court rules!
03 March 2011
In a Court of Appeal decision just made public (Rajual Construction Ltd -v- Bestville Properties Ltd [2010]), it was held that a default judgment (that is a judgment obtained because a Defendant has not filed a defence) should be set aside because the Claimant had not served a response pack with its claim form and particulars of claim. A response pack can be picked up from any Court office in the UK and can also be downloaded online. This clearly matters not. It is obvious that anybody engaging in limitation must have knowledge of the Court rules and ensure that they comply with them. Failure to do so might be a very costly excersise!
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