References: (1855) 5 El & Bl 301, [1855] EngR 585, (1855) 119 ER 493
Links: Commonlii
Coram: Crompton J, Lord Campbell CJ
The Court has jurisdiction to set aside a judgment on the ground of mistake if an application to do so is made within a reasonable time after the judgment has been acted on. ‘the application must be made within a reasonable time after the judgment is acted on; and the only point on which I have had some doubt in the present case is, whether the lapse of time has not been so considerable that it ought in our discretion to be in itself a bar to this application’ and ‘lapse of time becomes after a season a bar, as soon as the Court in its discretion sees that it has been such as must work prejudice.’ and ‘I think that, in the exercise of this discretion, time is of great importance.’
This case is cited by:
- Cited – Crystal Eye Management (Pty) Limited -v- Entertainment Guarantees Limited and Victor William Broad CA (Bailii, [1997] EWCA Civ 773)
The plaintiffs underwrote a film. The excesses for which they were liable were insured. The plaintiffs came to claim under the insurance, and Lloyds sought to intervene. The plaintiffs obtained judgement against the defendants by default. It later . . - Cited – S Kaprow & Co Ltd -v- Maclelland & Co Ltd CA ([1948] 1 KB 618)
The court considered the circumstances necessary to support an application to set a judgment aside: ‘Unless the court intervenes to relieve the plaintiffs from the position in which they are under their pleading, they will be deprived of the . .
