Charlesworth and Others v Focusmulti Ltd and Others: CA 15 Mar 1993

Judgment had been entered by the plaintiff in default of defence, but before the time limit for filing a defence had expired. Such a judgment was fatally flawed, and could not be cured. The judgment had to be set aside without any consideration of the merits.

Judges:

Russell LJ and Hollis J

Citations:

Ind Summary 15-Mar-1993

Statutes:

Rules of the Supreme Court 18-2 2-1

Jurisdiction:

England and Wales

Citing:

CitedAnlaby v Praetorius CA 1888
The court below had refused an application to set aside a judgment obtained irregularly.
Held: The appeal succeeded. A Statement of Claim indorsed on the Writ is a pleading.
Lopes LJ held: ‘the judgment entered by the plaintiff was . .
CitedIn re Pritchard CA 1963
An originating summons seeking relief was accepted and sealed in a local district registry. It ought to have been sealed in the Central Office of the Royal Courts of Justice. Wilberforce J had held that the originating summons was a nullity and that . .
CitedHarkness v Bell’s Asbestos and Engineering Limited CA 1966
The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to have made the application to a judge in chambers. The district registrar ordered that Section 2(1) . .

Cited by:

CitedFaircharm Investments Ltd v Citibank International Plc CA 6-Feb-1998
An irregular judgment had been entered. A claim was made after the proceeds of a life policy secured under a mortgage had been wrongly paid out after the mortgage was redeemed by a third party.
Held: The appeal was dismissed. The so-called . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 28 April 2022; Ref: scu.78989