Substituting Defendant After Default Judgment?

[ndebvu6]

Hi there

Is it possible to add or substitute a Defendant into proceedings where judgment by default already exists and where the previous Defendant was Persons Unknown?

Many thanks

[inksplotter]

Unless it was a character witness, I don't know how you could substuite one defendant for another. The evidence must have been pretty hot otherwise the defendant wouldn't be anonymous. Be advised by counsel I suppose is the best advice.

[ndebvu6]

@inksplotter.... Thanks for your advice. Could you please clarify with regards to the hot evidence and the anonymity. I would be most grateful.

Many thanks

[Barmaid]

I think Inksplotter has misunderstood because default judgement is a term which applies to civil procedure (you get JiD when the party fails to either acknowledge service or file a defence).

You would need permission from the Court to substitute (see CPR Part 19) and generally speaking, I think the JiD would have to be set aside.

[ndebvu6]

@Barmaid...thanks for your response. In this case...the default judgment was not set aside, which makes it very confusing. Is this legally correct?

[Barmaid]

I really couldn't say. I can think of circumstances where it would and where it wouldn't. You really need to take some advice from someone who has had the benefit of reading all the papers.

[inksplotter]

I don't know the case, ndebvu6, I'm just speculating on what you said.

[ndebvu6]

@inksplotter and barmaid...thanks to you both. Much appreciated.

[Peter Pedant]

. Good afternoon Great Barmaid....

can I offe rmy two penny worth ?

I would have thought NO on the grounds that you have to give the defendant a chance to defend on known charges, and this obviously hasnt taken place....

which I would have thought is contrary to common law AND the ter daah Human Rights Act. - but honestly dont ask me... you've already asked BM!

[ndebvu6]

@ Peter....Thanks a lot. I appreciate your advice. I concur with the "Great Barmaid" reference. You are great too!