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Dashwood v Dashwood; 1 Nov 1927

References: (1927) 71 SJ 911, [1927] WN 276, (1927) 64 LJNC 431
Coram: Tomlin J
Ratio: Tomlin J set out the the practice on making an order such as would keep the proceedings alive only to the extent necessary to enable a party to enforce the terms of the settlement.
Held: A provision in the order which required one party to refrain from running a business in competition with the other party could not be enforced unless and until the court made an order for specific performance or for an injunction. Provisions in such an order which might require action by the court, such as releasing funds held in court, or an order for costs, must be included in the body of the order, and not in the schedule. Until a second order has been sought, it would not be possible to apply to commit the party in breach for contempt of court.
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Last Update: 29-Aug-16
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