Source: All England Reporter
Publisher Citation: [2002] All ER (D) 84 (Oct)
Court: Chancery Division

Rimer J

Representation Nicholas Taggart (instructed by Overbury Steward Eaton & Woolsey, Norwich) for the claimant.
  Piers Harrison (instructed by Punch Robson, Middlesborough) for the defendant.
Judgment Dates: 7 October 2002


Action - Dismissal - Abuse of process - Possession of premises - Default judgment against defendant - Action subsequently settled by Tomlin order - Claimant obtaining writ of possession for breach of settlement - Defendant's application to set aside default judgment dismissed - Whether application to set aside writ of possession amounting to abuse of process.

The Case

On the evidence, the defendant had an arguable case that a breach of the terms of a Tomlin order resulted in an enforcement of the terms of the agreement and not the revival of the original action. However, that was an argument that had been open to the defendant at an earlier hearing, but she had failed to raise the point. There was a public interest in achieving finality in proceedings; to reopen the instant case at such a late stage amounted to an abuse of process.

Practice Areas

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