A dispute had been settled by imposition of a charging order against property expressed in a foreign currency. The claimant now said such an order was not possible, and had been made by mistake correctable under the slip rule.
Held: The Master had had the power to make the order he had made. Though he may have had the power to revise it as a mistake, the Master had made it clear he would not have done so. Appeal dismissed. The claimant had only sought to revise the order when currency fluctuations had moved against him.
Judges:
Ward, Dyson Carnwath LJ
Citations:
Times 14-Mar-2005
Jurisdiction:
England and Wales
Citing:
Cited – Miliangos v George Frank (Textiles) Ltd HL 1975
The issue was whether an English court was able to award damages in Sterling only.
Held: The House distinguished clearly between the substance of the debtor’s obligations and the effect of English procedural law when a debt in a foreign . .
Cited – Ezekiel v Orakpo CA 16-Sep-1996
A charging order was made in 1982 to secure pounds 20,000 under a judgment given in 1979. The judgment creditor did not seek to enforce the charging order until almost 12 years had elapsed since the making of the charging order. An order for . .
Effective – Practice Direction (Judgments: Foreign Currency) 1976
. .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 30 April 2022; Ref: scu.223980