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

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

Catchwords

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

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