Edwards v Golding & Ors [2006] EWHC 1684 (QB) (12 July 2006)

Edwards v Golding & Ors [2006] EWHC 1684 (QB) (12 July 2006)

The joinder of the Third Defendant was made without jurisdiction after expiry of the limitation period and contrary to the requirements of CPR 19.5. The default judgment must be set aside because there is a good reason—namely, the fundamental legal error in the joinder and the Third Defendant's arguable defences, including limitation and justification.

Citation
[2006] EWHC 1684
Parties
Claimant: Stephen Edwards; First Defendant: Paul Golding; Second Defendant: Simon Darby; Third Defendant: Nicholas Griffin
Jurisdiction
England and Wales
Judgment Date
12 July 2006
Procedural Posture
Libel Action / Application to Set Aside Default Judgment and Joinder of Third Defendant
Outcome
Application granted; default judgment and joinder of Third Defendant set aside.
Legal Topics
Limitation of Actions, Joinder of Parties, Default Judgment, Setting Aside Orders, Defamation—libel, Civil Procedure Rules
Defamation Civil Procedure Limitation of Actions Joinder of Parties Default Judgment Setting Aside Orders Defamation—libel Civil Procedure Rules

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Parties

Stephen Edwards

Claimant

Paul Golding

First Defendant

Simon Darby

Second Defendant

Nicholas Griffin

Third Defendant

Procedural Posture

Libel Action / Application to Set Aside Default Judgment and Joinder of Third Defendant

Legal Issues

  1. 1 Whether the joinder of the Third Defendant after expiry of the limitation period was valid
  2. 2 Whether the default judgment against the Third Defendant should be set aside
  3. 3 Whether the Third Defendant has a real prospect of defending the claim, including on limitation and substantive defences

Ratio Decidendi

The joinder of the Third Defendant was made without jurisdiction after expiry of the limitation period and contrary to the requirements of CPR 19.5. The default judgment must be set aside because there is a good reason—namely, the fundamental legal error in the joinder and the Third Defendant's arguable defences, including limitation and justification.

Court Disposition

Application granted; default judgment and joinder of Third Defendant set aside.

Orders

  • Default judgment against Third Defendant set aside.
  • Order joining Third Defendant as party set aside.