Nolan v Devonport [2006] EWHC 2025 (QB) (21 July 2006)

Nolan v Devonport [2006] EWHC 2025 (QB) (21 July 2006)

The second defendant failed to act promptly in seeking to set aside the judgment and her application was reactive to enforcement rather than based on a meritorious defence. The delay was unexplained and prejudicial to the claimant. The application to set aside was an abuse of process and must be struck out. There is no alternative but to strike out the application and make the charging order final.

Citation
[2006] EWHC 2025
Parties
Claimant: Peter Nolan; First Defendant: Stephen Gordon Devonport (deceased); Second Defendant: Gillian Margaret Devonport
Jurisdiction
England and Wales
Judgment Date
21 July 2006
Procedural Posture
Civil / Application to Strike Out Set Aside Application and for Final Charging Order
Outcome
Application to strike out set aside application granted; final charging order made.
Legal Topics
Strike Out Applications, Set Aside Judgment, Charging Orders, Abuse of Process, Delay in Litigation
Civil Procedure Enforcement of Judgments Strike Out Applications Set Aside Judgment Charging Orders Abuse of Process Delay in Litigation

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Parties

Peter Nolan

Claimant

Stephen Gordon Devonport (deceased)

First Defendant

Gillian Margaret Devonport

Second Defendant

Procedural Posture

Civil / Application to Strike Out Set Aside Application and for Final Charging Order

Legal Issues

  1. 1 Whether the second defendant's application to set aside judgment should be struck out as an abuse of process due to delay
  2. 2 Whether a final charging order should be made

Ratio Decidendi

The second defendant failed to act promptly in seeking to set aside the judgment and her application was reactive to enforcement rather than based on a meritorious defence. The delay was unexplained and prejudicial to the claimant. The application to set aside was an abuse of process and must be struck out. There is no alternative but to strike out the application and make the charging order final.

Court Disposition

Application to strike out set aside application granted; final charging order made.

Orders

  • Second defendant's application to set aside judgment struck out as abuse of process.
  • Final charging order granted in favour of the claimant.