Quality Solicitors Harris Waters v Okonkwo

There was no procedural irregularity in the handling of the application, allegations of fraud and deception were not substantiated and do not affect the validity of the writ of control, and appeal rights regarding the default judgment have been exhausted; therefore, the application for permission to appeal is wholly without merit and refused.

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 Enforcement of Judgments Default Judgment Writ of Control Permission to Appeal Procedural Irregularity

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Quality Solicitors Harris Waters

Claimant/respondent

Diana Okonkwo

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

1 Whether there are grounds to appeal refusal to stay writ of control
2 Whether procedural irregularity occurred due to change of circuit judges
3 Whether allegations of fraud or deception justify stay of writ of control

Ratio Decidendi

Court Disposition

application for permission to appeal refused

Orders

Application for permission to appeal refused.
No civil restraint order made.