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 default judgment should stand as a judgment for damages in the amount of the insurance proceeds, on the ground that Citibank destroyed – and therefore could not make available to Faircharm – their right to the surrender proceeds of the policy. It was too late for Faircharm to claim that they could have obtained a larger sum by sale of the policy.
Judges:
Henry, Aldous LJJ,Sir Christopher Staughton
Citations:
[1998] EWCA Civ 171
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Anlaby 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 . .
Cited – In 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 . .
Cited – Harkness 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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Land, Litigation Practice
Updated: 29 May 2022; Ref: scu.143649