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 opportunity of putting forward their claim for loss of profit. There is, I think, no doubt that in a proper case and on proper terms the court may, in its discretion, relieve a party, who comes quickly, from the effect of his, or his legal advisers’ mistake; and this applies whether he is plaintiff or defendant.’
Judges:
Wrottesley LJ
Citations:
[1948] 1 KB 618
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 by:
Cited – Crystal Eye Management (Pty) Limited v Entertainment Guarantees Limited and Broad CA 15-Jan-1997
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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 09 June 2022; Ref: scu.193407