Source: All England Reporter
Publisher Citation: [2012] All ER (D) 102 (May)
Neutral Citation: [2012] EWHC 1222 (Ch)
Court: Chancery Division
Judge:

Briggs J
Representation Mark Warwick (instructed by Hughmans Solicitors) for H.
  Daniel Lewis (instructed by Moon Beever) for the respondents.
Judgment Dates: 11 May 2012

Catchwords

Equity - Beneficial interest - Land charge - Equitable charge - Charging order on land - Priority of charge - Company bringing proceedings against D - Proceedings being compromised and Tomlin Order being made - Schedule of Tomlin Order providing Company and H entering compromise - Schedule of Tomlin Order providing that company accepting net sale proceeds of property following payment of certain debts to D - Applicant firm of solicitors registering charge following judgment against D for unpaid fees - Applicant applying for order for payment out of proceeds of sale of property - Whether schedule conferring on company a proprietary interest in property - Whether obtaining of charging order conferring priority in favour of applicant.

The Case

Equity Beneficial interest. The Chancery Division held that a company had obtained a beneficial interest in a property and that the subsequent obtaining, by a firm of solicitors, of a final charging order was ineffective to confer priority for its consequential equitable charge over the company's beneficial interest in the property.

Practice Areas

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