Nolan v Devonport

The second defendant failed to pursue her application to set aside judgment promptly or expeditiously, and her actions were reactive to enforcement rather than based on a meritorious defence. The delay was unjustified and constituted an abuse of process, warranting strike out of the application and making the charging order final.

Parties: Claimant: Peter Nolan; Defendant: Stephen Gordon Devonport (deceased); 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, Setting Aside Judgments, Charging Orders, Abuse of Process, Delay in Proceedings

Civil Procedure Enforcement of Judgments Strike Out Applications Setting Aside Judgments Charging Orders Abuse of Process Delay in Proceedings

Case Brief

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

Parties

Peter Nolan

Claimant

Stephen Gordon Devonport (deceased)

Defendant

Gillian Margaret Devonport

Defendant

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Court Disposition

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

Orders

The second defendant's application to set aside judgment is struck out.
A final charging order is made in favour of the claimant.