Edwards v Golding & Ors

Edwards v Golding & Ors

The order joining the Third Defendant was made without jurisdiction as the limitation period had expired and the requirements for joinder under CPR 19.5 were not met. 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 has a real prospect of defending the claim, particularly on the basis of limitation and justification. Delay in making the application does not outweigh the need to correct the procedural error and allow a proper defence.

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; order joining Third Defendant set aside
Legal Topics
Limitation of Actions, Joinder of Parties, Default Judgment, Setting Aside Judgments, Defences in Defamation
Defamation Civil Procedure Limitation of Actions Joinder of Parties Default Judgment Setting Aside Judgments Defences in Defamation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 order joining the Third Defendant as a party should be set aside for want of jurisdiction due to expiry of limitation period
  3. 3 Whether the Third Defendant has a real prospect of defending the claim

Ratio Decidendi

The order joining the Third Defendant was made without jurisdiction as the limitation period had expired and the requirements for joinder under CPR 19.5 were not met. 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 has a real prospect of defending the claim, particularly on the basis of limitation and justification. Delay in making the application does not outweigh the need to correct the procedural error and allow a proper defence.

Court Disposition

Default judgment set aside; order joining Third Defendant set aside

Orders

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