Source: All England Reporter
Publisher Citation: [2009] All ER (D) 305 (Jul)
Neutral Citation: [2009] EWCA Civ 811
Court: Court of Appeal, Civil Division

Maurice Kay, Lloyd LJJ and Sir John Chadwick

Representation The applicants did not appear and were not represented.
  Marcus Flavin (instructed by Christopher Flood) for the respondent.
Judgment Dates: 29 July 2009


Charging order - Judgment debt - Bankruptcy petition - Judgment creditor obtaining interim charging order against judgment debtor before presentation of bankruptcy petition - Final charging order made after presentation of petition - Whether clear legislative policy that interest of judgment creditor should prevail over interests of unsecured creditors in having pari passu distribution of bankrupt's estate - s 3(5) - .

The Case

Charging order Judgment debt. Court of Appeal, Civil Division: The court ruled that the legislative policy underlying s346(1) of the was that a creditor who had issued execution against the land of a person who was adjudged bankrupt was not entitled, as against the trustee in bankruptcy, to retain the benefit of that execution unless the execution was completed before the commencement of the bankruptcy; that was to say, unless the execution was completed before the bankruptcy order was made.

Practice Areas

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