WINDSOR v. CHALCRAFT.

(1938) 61 Ll.L.Rep. 69

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Slesser and Lord Justice MacKinnon.

Practice-Judgment by default-Right of stranger to action to set judgment aside-Claim against defendant by administrators of deceased cyclist killed in collision with defendant's car -Defendant insured against third-party liability-Writ issued by administrators against defendant - Insurers informed of issue of writ- Judgment entered against defendant in default of appearance-No notice of service or of subsequent proceedings given to insurers - Claim by administrators against insurers for amount of judgment-Application by insurers to have judgment set aside and to be allowed to enter an appearance to the writ in their own name or in name of nominal defendant - Notice of application served on all parties- Rules of the Supreme Court, Order 27, r. 15: "Any judgment by default, whether under this Order or under any other of these Rules, may be set aside by the Court or a Judge, upon such terms as to costs or otherwise as such Court or Judge may think fit . . ."