Blake & Ors v Stewart & Ors

Blake & Ors v Stewart & Ors

The third defendant's application fails due to inexcusable and excessive delay in seeking to set aside the November Order, regardless of any procedural irregularity. The third defendant was aware of the proceedings, his joinder, and the trial date, and participated by supporting the first and second defendants. Even if service was irregular, the court would dispense with service and refuse relief due to delay and abuse of process. Any attempt to relitigate would be an abuse of process.

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
Civil Charity/trust Dispute / Application to Set Aside/vary Previous Order; Post Judgment
Outcome
Application dismissed
Legal Topics
Setting Aside Judgments, Representative Actions, Abuse of Process, Service of Process, Delay in Applications
Charity Law Civil Procedure Trusts Setting Aside Judgments Representative Actions Abuse of Process Service of Process Delay in Applications

Case Brief

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Parties

Olive Blake and Others

Claimants

Sonia Rosetta Stewart and Others

Defendants

Carol Dean Bedward

Third Defendant/applicant

Procedural Posture

Civil Charity/trust Dispute / Application to Set Aside/vary Previous Order; Post Judgment

Legal Issues

  1. 1 Whether the November Order of 10 November 2010 binds the third defendant
  2. 2 Whether the November 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 third defendant's application fails due to inexcusable and excessive delay in seeking to set aside the November Order, regardless of any procedural irregularity. The third defendant was aware of the proceedings, his joinder, and the trial date, and participated by supporting the first and second defendants. Even if service was irregular, the court would dispense with service and refuse relief due to delay and abuse of process. Any attempt to relitigate would be an abuse of process.

Court Disposition

Application dismissed

Orders

  • Third defendant's application to set aside or vary the November Order is dismissed.