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 or assist the court in progressing her set aside application, 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 the striking out of her application and the making of a final charging order.

Citation
[2006] EWHC 2025 (QB)
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 granted; set aside application struck out; final charging order made
Legal Topics
Abuse of Process, Delay in Proceedings, Charging Order, Setting Aside Judgment
Civil Procedure Enforcement of Judgments Abuse of Process Delay in Proceedings Charging Order Setting Aside Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

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. 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 or assist the court in progressing her set aside application, 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 the striking out of her application and the making of a final charging order.

Court Disposition

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

Orders

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