Tibbs v London Borough Of Islington [2000] EWCA Civ 374 (20 December 2000)

Tibbs v London Borough Of Islington [2000] EWCA Civ 374 (20 December 2000)

The fact that the order set aside was a final order rather than permission to enter judgment made no difference; the judgment was properly set aside because it was obtained in default, there was a real issue to be tried, and the council had a substantial argument. Counsel's consent to setting aside the order was binding.

Citation
[2000] EWCA Civ 374
Parties
Claimant/applicant: Doreen Tibbs; Defendant/respondent: The Mayor and Burgesses of the London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
20 December 2000
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Setting Aside Default Judgment, Injunctions, Authority of Counsel, Highways Act Proceedings
Civil Procedure Setting Aside Default Judgment Injunctions Authority of Counsel Highways Act Proceedings

Case Brief

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Parties

Doreen Tibbs

Claimant/applicant

The Mayor and Burgesses of the London Borough of Islington

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Burnton J was correct to set aside the injunction order made in default against the council
  2. 2 Whether the form of the order (final or permission to enter judgment) affected the decision to set aside
  3. 3 Whether counsel's consent to setting aside the order was binding despite alleged lack of authority

Ratio Decidendi

The fact that the order set aside was a final order rather than permission to enter judgment made no difference; the judgment was properly set aside because it was obtained in default, there was a real issue to be tried, and the council had a substantial argument. Counsel's consent to setting aside the order was binding.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused