Ableport Ltd v Khan & Ors [2002] EWCA Civ 1389 (3 September 2002)

Ableport Ltd v Khan & Ors [2002] EWCA Civ 1389 (3 September 2002)

The obligation to pay under the Tomlin order was unconditional and no clear or causative breach by the claimant was established; therefore, judgment and interest were properly entered and refusal of adjournment was justified.

Citation
[2002] EWCA Civ 1389
Parties
Claimant/respondent: Ableport Limited; Defendants/applicants: Tariq Ali Khan & Others
Jurisdiction
England and Wales
Judgment Date
03 September 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Enforcement of Tomlin Order, Adjournment of Proceedings, Breach of Settlement Terms, Interest on Judgment Debt
Civil Procedure Contract Law Enforcement of Tomlin Order Adjournment of Proceedings Breach of Settlement Terms Interest on Judgment Debt

Case Brief

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Parties

Ableport Limited

Claimant/respondent

Tariq Ali Khan & Others

Defendants/applicants

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing an adjournment of the hearing
  2. 2 Whether breaches of the Tomlin order by the claimant justified refusal of judgment or interest
  3. 3 Whether the claimant's alleged breaches caused the defendants' inability to pay

Ratio Decidendi

The obligation to pay under the Tomlin order was unconditional and no clear or causative breach by the claimant was established; therefore, judgment and interest were properly entered and refusal of adjournment was justified.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal is refused