Publisher Citation: [2001] All ER (D) 385 (Dec)
Court: Queen's Bench Division
Judge:

Judge Zucker QC sitting as a judge of the High Court
Representation Andrew Butler (instructed by Farrer & Co) for the claimant.
  Geraldine Andrews QC (instructed by SPR Avery Midgen) for the defendant.
Judgment Dates: 21 December 2001

Catchwords

Insolvency - Interim order - Order providing no proceedings to be brought or continued without leave - Claimant having charging order nisi over defendant's property - Charging order made absolute within currency of interim order - Defendant applying to set aside charging order - Whether order to be set aside - .

The Case

The making of a charging order absolute amounted to the continuance or execution of proceedings for the purposes of an order made under of the Insolvency Act 1986, and required the leave of the court. However, where leave had not been obtained, the court had a discretion to set aside the order absolute. On the facts of the instant case, the charging order would not be set aside.

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