Screwed by BW Legal....

[Deleted User]

Good one, Johnersh, never heard of that one.

To be fair, I'm paid to keep abreast of that stuff

A text or email is not service of a claim.

It can be, if an order is made for service by alternative means. That would normally require a specific application.

Without a more detailed understanding of what went down it's tricky. It sounds Banzaï based on the o/p's comments, but I'd like to understand how the DJ got to the point of making the order: it'd be good to see a transcript if one becomes available.

jkracing

Hi all,

Quick update in case it is useful for others - The judgement to set aside has been granted on the following grounds:

1) The Deputy District Judge does not appear to have referred to Marshall vs Maggs (2006) EWCA CIV 20: (2006) where the Court of Appeal held that service at an address at which the defendant had never in fact lived could not be their usual or last known residence irrespective of the genuineness or reasonableness of the Claimant's belief

2) If service was not affected at an address at which the Defendant was residing, or at some point had resided, then the Defendant had not been served therefore the time for filing an acknowledgement of service had not expired. If it had not expired then the Court was required to set aide the Judgement and the DDJ would have been wrong not to do so.

Thanks again for the help everyone.

[Deleted User]

Nice application of correct law. Costs?