The plaintiff’s solicitor obtained an attachment against the defendant in default of a pleaded defence, disregarding a court order extending the period for filing the defence, which he considered to be a nullity. The order in question had been intended to give effect to an agreement between the parties, but had mistakenly allowed the defendant longer to file a defence than had been agreed.
Held: ‘A party who knows of an order, whether null and void, regular or irregular, cannot be permitted to disobey it . . It would be most dangerous to hold that the suitors, or their solicitors, could themselves judge whether an order was null and void – whether it was regular or irregular. That they should come to the court and not take upon themselves to determine such a question: that the course of a party knowing of an order, which was null and irregular and who might be affected by it was plain. He should apply to the court that it might be discharged. As long as it existed it must not be disobeyed.’
Lord Cottenham LC
(1846) Cooper temp Cottenham 205, [1846] EngR 924 (A), (1846) 1 Coop T Cott 205
Commonlii
England and Wales
Cited by:
Cited – A, Regina (on the Application of) v Harrow Crown Court and others Admn 14-Aug-2003
The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under . .
See Also – Chuck v Cremer 19-Nov-1846
A party in contempt may give a notice of motion, although he cannot move until the contempt of court is cleared. With referance to clearing contempt the answer must be taken be sufficient until exceptions are actually allowed.
Moving upon the . .
See Also – Chuck v Cremer ([1846] EngR 1155) 1-Dec-1846
A party, who knows of a null or irregular order, should apply to discharge it. Whilst such an order is in existence it must not be disobeyed. . .
See Also – Chuck v Cremer ([1846] EngR 1154) 1-Dec-1846
An order of the court of which the party affected by it has notice, though not formally served upon him is not to be disregarded or treated by him as a nullity, however certain it may be that the order is erroneous, and would, upon a proper . .
See Also – Chuck v Cremer 9-Feb-1848
Where an action is referred by an order at nisi prius this Court has no jurisdiction to interfere with the certificate of the referee or the judgment entered to pursuant thereto, on any ground on which it would not have such jurisdiction if the . .
Cited – Hadkinson v Hadkinson CA 1952
The courts adopt an approach similar to that of the United States courts where there has been a significant contempt on the part of a party to litigation. Denning LJ said: ‘Those cases seem to me to point the way to the modern rule. It is a strong . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.185686