Plaintiff entitled to re-enter proceedings to enforce settlement agreement

High Court accedes to application to re-enter proceedings to enforce a settlement agreement, on the grounds that: (a) the striking out of proceedings does not, ipso facto, mean that a court is functus officio; (b) in each case, it is necessary to construe the court order by reference both to its terms and to the specific context; (c) the court order in the case must be read as a whole, and the use of the words 'liberty to re-enter' clearly envisaged a potential future role for the court; (d) on the facts of the case, it could not have been intended that the proceedings would be re-entered with a view to allowing the original claim to be litigated; and (e) regard had to be had to the underlying settlement agreement, which provided in clear and unmistakable terms that in default of payment of any instalment the plaintiff should be at liberty to apply to re-enter the proceedings before the Commercial Court and obtain judgment for the amount then outstanding.