Blake & Ors v Stewart & Ors [2015] EWHC 3241 (Ch) (10 November 2015)

Blake & Ors v Stewart & Ors [2015] EWHC 3241 (Ch) (10 November 2015)

The application is dismissed because the third defendant did not act promptly, had knowledge of the proceedings, participated in the case, and the delay is inexcusable; even if the November Order was irregular, relief is refused due to delay and abuse of process concerns.

Citation
[2015] EWHC 3241 (Ch)
Parties
Claimants: Olive Blake and Others; Defendants: Sonia Rosetta Stewart and Others; Third Defendant/applicant: Carol Dean Bedward
Jurisdiction
England and Wales
Judgment Date
10 November 2015
Procedural Posture
Chancery Division Civil Claim / Application to Declare Non Binding or Set Aside Previous Order
Outcome
Application dismissed
Legal Topics
Representative Parties, Service of Process, Setting Aside Judgments, Abuse of Process, Ownership of Charitable Assets
Charity Law Civil Procedure Representative Parties Service of Process Setting Aside Judgments Abuse of Process Ownership of Charitable Assets

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Parties

Olive Blake and Others

Claimants

Sonia Rosetta Stewart and Others

Defendants

Carol Dean Bedward

Third Defendant/applicant

Procedural Posture

Chancery Division Civil Claim / Application to Declare Non Binding or Set Aside Previous Order

Legal Issues

  1. 1 Whether the November 2010 Order binds the third defendant
  2. 2 Whether the November 2010 Order should be set aside for procedural irregularity or lack of service
  3. 3 Whether delay in making the application is fatal to relief

Ratio Decidendi

The application is dismissed because the third defendant did not act promptly, had knowledge of the proceedings, participated in the case, and the delay is inexcusable; even if the November Order was irregular, relief is refused due to delay and abuse of process concerns.

Court Disposition

Application dismissed

Orders

  • Third defendant's application to declare the November 2010 Order non-binding or to set it aside is dismissed.