Search Results for: Charging Orders Act 1979

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Nationwide Building Society v Wright and Another: CA 29 Jul 2009

The trustee in bankruptcy sought to have set aside a charging order made over the bankrupt’s property before the commencement of the insolvency. Held: ‘The principle that property acquired from a debtor (in good faith and without notice of the presentation of a bankruptcy petition) is entitled to retain that property against the trustee in … Continue reading Nationwide Building Society v Wright and Another: CA 29 Jul 2009

Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007

The builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, but he had required the transfer to be in a different form … Continue reading Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007

Clark and Another v Chief Land Registrar and Another; Chancery Plc v Ketteringham: CA 5 May 1994

A caution gives a right to be notified of an application, but does not give any priority on registration. Judges: Nourse, Kennedy, Roch LJJ Citations: Ind Summary 13-Jun-1994, Times 10-May-1994, [1994] EWCA Civ 12, [1994] Ch 370, [1994] 4 All ER 96, [1995] 1 FLR 212, [1995] Fam Law 132, [1994] 3 WLR 593 Links: … Continue reading Clark and Another v Chief Land Registrar and Another; Chancery Plc v Ketteringham: CA 5 May 1994

Ezekiel v Orakpo: ChD 4 Nov 1994

The claimant had obtained a charging order to secure a judgment debt, but took no steps to enforce it for more than twelve years. The chargee denied that it could any longer be enforced, and also that the order carried interest when interest had not been mentioned. Held: A charging order impliedly includes a charge … Continue reading Ezekiel v Orakpo: ChD 4 Nov 1994

The Royal Oak Property Company Ltd v Iktilat and Another: ChD 23 Jul 2008

The defendant was registered proprietor of two properties, but resisted orders for sale of them under charging orders, saying that he was not the beneficial owner of them. Judges: Floyd J Citations: [2008] EWHC 1703 (Ch) Links: Bailii Statutes: Charging Orders Act 1979 2 Jurisdiction: England and Wales Land, Litigation Practice Updated: 18 July 2022; … Continue reading The Royal Oak Property Company Ltd v Iktilat and Another: ChD 23 Jul 2008

Ropaigealach v Allied Irish Bank Plc: CA 29 Aug 2001

Use of charging orders to enforce payment of costs orders. Citations: [2001] EWCA Civ 1381 Links: Bailii Statutes: Charging Orders Act 1979 1(5) Jurisdiction: England and Wales Cited by: See Also – Ropaigealach v Allied Irish Bank Plc CA 12-Nov-2001 . . Lists of cited by and citing cases may be incomplete. Litigation Practice Updated: … Continue reading Ropaigealach v Allied Irish Bank Plc: CA 29 Aug 2001

Croydon Unique Ltd v Wright and Crombie, and Crombie Intervenors: CA 29 Jul 1999

The beneficiary of a charging order had standing to intervene in proceedings leading to the forfeiture of a lease even several years after the lease had been forfeit. It was an interest derived from the lessee’s interest and a proper basis. The creditors not being told of the forfeiture in this case should not lose … Continue reading Croydon Unique Ltd v Wright and Crombie, and Crombie Intervenors: CA 29 Jul 1999

Holder and Others v APC Supperstone and Others: ChD 24 Nov 1999

Tenants obtained a charging order against their landlord, and, after his bankruptcy, incurred substantial costs defending their charge against other claimants. The trustee declined to allow payment of the costs. Held: The costs were properly payable under the Act. The charge operated also as an equitable charge, and such a charge would carry the costs … Continue reading Holder and Others v APC Supperstone and Others: ChD 24 Nov 1999

Banque National De Paris Plc v Montman Ltd and others: ChD 2 Sep 1999

A person claiming to be ‘interested’ in property had to demonstrate either some proprietary interest or similar or that he was directly affected by a charging order. An unsecured creditor could not take priority over the liquidator in seeking to overturn a charging order predating the winding up. Citations: Times 02-Sep-1999 Statutes: Charging Orders Act … Continue reading Banque National De Paris Plc v Montman Ltd and others: ChD 2 Sep 1999

Clark and Another v Chief Land Registrar and Another: ChD 2 Dec 1992

The defendant had made a mistake resulting in an equitable chargee not being given proper opportunity to object to the registration of a further charge with priority. The chargee sought compensation from the defendant registrar. Held: The registration of a charge is not to be defeated by a minor error – compensation payable. The 1925 … Continue reading Clark and Another v Chief Land Registrar and Another: ChD 2 Dec 1992

Yorkshire Bank Finance Ltd v Mulhall and Another: CA 24 Oct 2008

The bank had obtained a judgement against the defendant, and took a charging order. Nothing happened for more than twelve years, and the defendant now argued that the order and debt was discharged. Held: The enforcement of the charging order by normal means is not barred by section 20(1), and unlike the position under a … Continue reading Yorkshire Bank Finance Ltd v Mulhall and Another: CA 24 Oct 2008

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 possession was made so as to enforce the order. The debtor … Continue reading Ezekiel v Orakpo: CA 16 Sep 1996

The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

Gibbs and others v Rea: PC 29 Jan 1998

(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided and searched by the police. Nothing incriminating was found. He claimed damages saying the search warrrant had … Continue reading Gibbs and others v Rea: PC 29 Jan 1998

John Mander Pension Trustees Ltd v Revenue and Customs: SC 29 Jul 2015

The pension scheme had been approved, but that approval later withdraw. HMRC issued assessment for the years in which it had been approved. The taxpayer argued that such assessments applied to the date with effect from which the approval is withdraw, HMRC contended that it was in the year in which withdrawal was notified. The … Continue reading John Mander Pension Trustees Ltd v Revenue and Customs: SC 29 Jul 2015

British Railways Board v Herrington: HL 16 Feb 1972

Land-owner’s Possible Duty to Trespassers The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser. Held: Whilst a land-owner owes no general duty of care to a trespasser, the creation by … Continue reading British Railways Board v Herrington: HL 16 Feb 1972

Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Norfolk County Council v Webster and others: FD 1 Nov 2006

The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006

Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004

Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died. Held: The trial took place before R -v- G which had overruled Caldwell. The standard of recklessness to be show was that laid down in Cunningham. … Continue reading Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004

Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth: CA 12 Apr 2006

Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the National Lottery. They complained that the Limitation Act gave the court … Continue reading A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth: CA 12 Apr 2006

Briggs-Price, Regina v: HL 29 Apr 2009

The applicant appealed against a confiscation order made on the basis of evidence obtained for and given in a trial that he had profited from the importation of cannabis. He had not faced trial on an associated charge, but had been convicted of conspiracy on the importation of heroin. Held: The court need not rely … Continue reading Briggs-Price, Regina v: HL 29 Apr 2009

Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980

Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980