Source: All England Reporter
Publisher Citation: [2005] All ER (D) 353 (Nov)
Court: Court of Appeal, Civil Division

Chadwick, Rix and Keene LJJ

Representation Michael Singleton (instructed by Davisons, Birmingham) for the claimant.
  Stephen Campbell (instructed by Putsmans, Birmingham) for the first defendant.
  Stephen Campbell (instructed by Kilroy, Birmingham) for the second defendant.
  David Worster (instructed by Weightmans, Birmingham) for the third defendant.
Judgment Dates: 25 November 2005


Judgment - Default judgment - Setting aside judgment - Claimant obtaining default judgment against third defendants - First defendant obtaining default judgment against third defendants in Pt 20 claim - Identity of proper defendants - Real prospect of successfully defending claim - Whether judgments should have been set aside.

The Case

In the instant case, where there were issues concerning the proper identity of third defendants joined to a claim, so that the defendants had a real prospect of successfully defending the claim, default judgments entered against those defendants in the main claim and in Pt20 proceedings would be set aside.

Practice Areas

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