The Society of Lloyd's v Longtin

The Society of Lloyd's v Longtin

There were facts taking the case out of the ordinary, including Lloyd’s ongoing efforts to enforce judgments globally and the absence of prejudice to Judge Longtin. The period of delay was not sufficient to disentitle Lloyd’s to relief, and the requirements for permission were not as strict as argued by the applicant. The order granting leave to issue a writ of execution was properly made and should not be set aside.

Parties
Claimant: The Society of Lloyd’s; Defendant: Jean Pierre Longtin
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Application to Set Aside Order Granting Leave to Issue Writ of Execution / Ruling on Application to Set Aside Order
Outcome
Application to set aside order dismissed
Legal Topics
Limitation of Actions, Writ of Execution, Foreign Judgment Enforcement
Civil Procedure Enforcement of Judgments Limitation of Actions Writ of Execution Foreign Judgment Enforcement

Case Brief

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Parties

The Society of Lloyd’s

Claimant

Jean Pierre Longtin

Defendant

Procedural Posture

Application to Set Aside Order Granting Leave to Issue Writ of Execution / Ruling on Application to Set Aside Order

Legal Issues

  1. 1 Whether leave to issue a writ of execution more than 6 years after judgment should be set aside
  2. 2 Whether delay by the judgment creditor justifies refusal of leave
  3. 3 Whether the judgment remains enforceable for the purposes of foreign recognition

Ratio Decidendi

There were facts taking the case out of the ordinary, including Lloyd’s ongoing efforts to enforce judgments globally and the absence of prejudice to Judge Longtin. The period of delay was not sufficient to disentitle Lloyd’s to relief, and the requirements for permission were not as strict as argued by the applicant. The order granting leave to issue a writ of execution was properly made and should not be set aside.

Court Disposition

Application to set aside order dismissed

Orders

  • Permission to issue writ of execution affirmed
  • Application to set aside order refused