| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 260 (May) |
| Court: | Chancery Division |
| Judge: | Peter Smith J |
| Representation | Philip Jones (instructed by Halliwell Landau) for the claimant. |
| Lloyd Tamlin (instructed by Sebastians) for the defendant. | |
| Judgment Dates: | 18 May 2004 |
Catchwords
Practice and procedure - Defence - Particulars - Application for extension of time for service of defence - Consideration of relevant facts.
The Case
On the defendant's application for an order extending time for service of her defence and sale of two of the properties comprised in the estate, the court decided that identification of the assets and liabilities of the deceased's estate being of primary concern, the correct approach was to stay the sale of the properties for three months to enable the defendant to carry out the relevant investigations and to decide whether to continue with the litigation.
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