The Law Reports (Appeal Cases)
[2013] 1 AC 582
Privy Council
Balgobin v South West Regional Health Authority and another
[2012] UKPC 11
[on appeal from the Court of Appeal of Trinidad and Tobago]
2012 Jan 12;
May 10
Lord Hope of Craighead DPSC, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Kerr of Tonaghmore, Lord Wilson JJSC
Practice— Judgment in default of appearance— Election— Claimant injured at work and bringing action against first defendant as employer— First defendant denying liability and contending that company was claimant’s employer— Claimant adding company as second defendant and obtaining judgment in default of appearance against it— Judge subsequently concluding that first defendant was claimant’s employer— Whether claimant unequivocally electing to pursue claim against second defendant only— Whether judgment in default operating as bar to finding of liability against first defendant