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 appeared that the sum for which judgement was entered had been claimed in error. They later sought to claim an alternative smaller sum, but only later to reverse the incorrect judgement. The interveners resisted on the grounds of the plaintiff’s delay. The plaintiff pointed to the windfall which the defendants would receive. The plaintiff appealed a refusal to allow the amendment. Held (majority): The appeal was granted. The delay was inordinate, but a refusal would not do justice to the parties.
Judges:
Lord Justice Leggatt Lord Justice Pill Lord Justice Ward
Citations:
[1997] EWCA Civ 773
Statutes:
Third Parties (Rights Against Insurers) Act 1930
Jurisdiction:
England and Wales
Citing:
Cited – Cannan v Reynolds 12-Jun-1855
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 . .
Cited – Vann v Awford CA 18-Apr-1986
The Court set aside the judgment on the application of the defendant, despite the fact that that he had, in his own account of the matter, lied on affidavit. Weighing the defence on the merits against possible prejudice to the plaintiffs, the Court . .
Cited – The Frotanorte CA 1996
The discretion in the court to to appoint an arbitrator under section 19(1) should not be narrowed without good reason. He continued: ‘In every such case there must come a time when the Court can properly refuse to grant [the relief sought] not . .
Cited – S Kaprow and Co Ltd v Maclelland and Co Ltd CA 1948
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 . .
Cited – Evans v Bartram HL 1937
When a defendant seeks to set aside a regular judgment which had been obtained by default, the test for setting it aside is: ‘In a case like the present there is a judgment, which, though by default, is a regular judgment, and the applicant must . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 04 November 2022; Ref: scu.141169
