Quality Solicitors Harris Waters v Okonkwo [2020] EWHC 1168 (QB) (12 May 2020)

Quality Solicitors Harris Waters v Okonkwo [2020] EWHC 1168 (QB) (12 May 2020)

There was no procedural irregularity, no evidence of fraud affecting the validity of the writ of control, and the default judgment stands as appeal rights have been exhausted. The application for permission to appeal is wholly without merit.

Citation
[2020] EWHC 1168 (QB)
Parties
Claimant/respondent: Quality Solicitors Harris Waters; Defendant/appellant: Diana Okonkwo
Jurisdiction
England and Wales
Judgment Date
12 May 2020
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Default Judgment, Writ of Control, Permission to Appeal, Procedural Irregularity
Civil Procedure Default Judgment Writ of Control Permission to Appeal Procedural Irregularity

Case Brief

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Parties

Quality Solicitors Harris Waters

Claimant/respondent

Diana Okonkwo

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted against refusal to stay writ of control
  2. 2 Whether there was a serious procedural irregularity
  3. 3 Whether allegations of fraud or deception justify a stay of enforcement

Ratio Decidendi

There was no procedural irregularity, no evidence of fraud affecting the validity of the writ of control, and the default judgment stands as appeal rights have been exhausted. The application for permission to appeal is wholly without merit.

Court Disposition

Application for permission to appeal refused

Orders

  • Refusal of permission to appeal against paragraphs (1) and (2) of the order of HHJ Ambrose dated 19 November 2019
  • No civil restraint order made