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The main problem is those cases where papers are served in good faith at the last known address and it turns out later that they had moved. I had one before me this afternoon involving a return of goods case ( a car) where the claim form had come back marked “gone away” . Unfortunately, no one at the Court had told the Claimant as the returned papers had simply been sitting on the Court file for 4 months.
While the papers had been properly “served” (i.e. last known address) it seemed wrong to make an order knowing that the Defendant hadn’t received the papers so I adjourned.