Edwards v Golding & Ors

Edwards v Golding & Ors

The joinder of Mr Griffin as a defendant was procedurally improper because the original action was not live and the limitation period had expired. The cause of action in defamation accrues on publication, regardless of the claimant's knowledge of the publisher's identity. The order joining Mr Griffin and the default judgment were set aside under CPR 3.1(7) due to a fundamental procedural error.

Parties
Appellant: Edwards; Respondent: Golding & Ors
Jurisdiction
England and Wales
Judgment Date
03 April 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Joinder of Parties, Default Judgment, Setting Aside Orders
Civil Procedure Defamation Limitation of Actions Joinder of Parties Default Judgment Setting Aside Orders

Case Brief

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Parties

Edwards

Appellant

Golding & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the joinder of Mr Griffin as a defendant was procedurally proper after discontinuance against other defendants and expiry of limitation period
  2. 2 Whether the limitation period for libel was extended by claimant's lack of knowledge of the publisher's identity
  3. 3 Whether the court had jurisdiction to set aside the order joining Mr Griffin and the default judgment under CPR 3.1(7)

Ratio Decidendi

The joinder of Mr Griffin as a defendant was procedurally improper because the original action was not live and the limitation period had expired. The cause of action in defamation accrues on publication, regardless of the claimant's knowledge of the publisher's identity. The order joining Mr Griffin and the default judgment were set aside under CPR 3.1(7) due to a fundamental procedural error.

Court Disposition

Appeal dismissed

Orders

  • Order joining Mr Griffin as defendant set aside
  • Default judgment against Mr Griffin set aside