| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 51 (Jul) |
| Court: | Chancery Division |
| Judge: | Etherton J |
| Representation | Myriam Stacey (instructed by Bird & Bird) for the claimant. |
| The first defendant appeared by the third defendant. | |
| Judgment Dates: | 5 July 2005 |
Catchwords
Lien - Enforcement - Sale - Order for sale of property - Whether proper exercise of court's discretion to make order for sale - , s 90.
The Case
In the circumstances of the instant case, it would have been an improper exercise of the court's discretion to make the order, sought by the claimant, for sale of the property which had been declared by an earlier decision of the court to be subject to a lien in favour of the claimant. As a matter of principle, it would not have been appropriate for the court to allow the claimant's application on the basis of the lien, when that lien was the subject of the defendant's pending appeal.
Practice Areas
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