Deery (Mark) v Deery (James) and Graham (Laura)
| Jurisdiction | Northern Ireland |
| Judge | Horner J |
| Judgment Date | 20 September 2016 |
| Neutral Citation | [2016] NICh 11 |
| Date | 20 September 2016 |
| Court | Chancery Division (Northern Ireland) |
| Year | 2016 |
1
Neutral Citation [2016] NICh 11 Ref:
HOR10036
Judgment: approved by the Court for handing down Delivered:
20/09/2016
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
CHANCERY DIVISION
________
IN THE MATTER OF PREMISES SITUATE AND KNOWN AS
23 ANNA’S GROVE, NEWTOWNABBEY, CO ANTRIM, BT36 4PQ
Between
MARK DEERY
Plaintiff
and
JAMES DEERY
First Named Defendant
and
LAURA GRAHAM
Second Named Defendant
________
HORNER J
A. INTRODUCTION
[1] The issue between the parties in this case is whether the failure to include a
Penal Notice in an agreed order requiring the defendants to do an act within a
specified time, namely vacate forthwith 23 Anna’s Grove, Newtownabbey,
Co Antrim (“the Premises”) precludes the plaintiff from seeking to re-serve the order
with a Penal Notice attached in accordance with Form No:67 of Appendix A of the
Rules of the Supreme Court (NI) 1980 and enforcing the order by committal under
Order 52.
[2] It appears that in an increasing number of cases plaintiffs are obtaining orders
for possession under Order 113 but failing to include a Penal Notice in the original
order. An application then has to be made subsequently seeking to have the original
order amended and asking for leave to re-serve the order.
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Edward Avery-Gee as Trustee in Bankruptcy of Lawrence Coppen v Lesley Ann Coppen
...the court would refuse to order that the penal notice be deleted from the order.” 9.2. The decision of Horner J in Deery v Deery [2016] NI Ch 11. The claim involved the enforcement of a consent order for possession of premises by an application for committal. As here, a penal notice had not......