The rules required a court, looking to enforce a charging order, to look to any other competing proprietary interests. The claimant suggested that this should include the welfare interests of any child occupying the property as his or her home.
Held: The welfare interests were not proprietary interests. The rules made no specific provision for such interests and the normal rules applied.
Mr David Oliver, QC
Times 04-Jun-2002, Gazette 27-Jun-2002
Rules of the Supreme Court Order 88, rule 5A(2)(f)
England and Wales
Land, Children, Litigation Practice
Updated: 11 December 2021; Ref: scu.172219
