The defendant sought to set aside a judgment entered against it for the cost of repairs to the claimant’s boat engine, saying that they were not the insurers but merely the insurance brokers. Their appeal had been incorrectly prepared and had been dismissed.
Held: Though this was a second level appeal, the judge had erred in having misunderstood the overriding objective so as to achieve a result which manifestly incorrect: Justice demanded that these relatively venial earlier errors should not have been regarded as incurable to the extent of allowing this apparently inappropriate judgment to stand. ‘ Judgment in default was set aside.
Judges:
Simon Brown, Longmore LJJ
Citations:
[2002] EWCA Civ 30
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald CA 12-May-2000
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court . .
Lists of cited by and citing cases may be incomplete.
Insurance, Litigation Practice
Updated: 09 August 2022; Ref: scu.218006