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 as the limitation period had expired and the requirements of CPR 19.5 were not met. The default judgment should be set aside because there is good reason, namely the fundamental legal error in joining the Third Defendant, and the Third Defendant has a real prospect of defending the claim, particularly on the basis of limitation and justification.

Citation
[2006] EWHC 1684 (QB)
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
Default judgment set aside; joinder of Third Defendant set aside
Legal Topics
Limitation of Actions, Joinder of Parties, Default Judgment, Setting Aside Judgments
Defamation Civil Procedure Limitation of Actions Joinder of Parties Default Judgment Setting Aside Judgments

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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 default judgment against the Third Defendant should be set aside
  2. 2 Whether the joinder of the Third Defendant was valid given the expiry of the limitation period
  3. 3 Whether the Third Defendant has a real prospect of defending the claim

Ratio Decidendi

The joinder of the Third Defendant was made without jurisdiction as the limitation period had expired and the requirements of CPR 19.5 were not met. The default judgment should be set aside because there is good reason, namely the fundamental legal error in joining the Third Defendant, and the Third Defendant has a real prospect of defending the claim, particularly on the basis of limitation and justification.

Court Disposition

Default judgment set aside; joinder of Third Defendant set aside

Orders

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