Hawk Recovery Ltd v Hall & Ors

Hawk Recovery Ltd v Hall & Ors

The harm to the Defendants in ordering sale now, if ultimately successful on appeal, outweighs the harm to the Claimant in delaying sale. The right to respect for the home under Article 8 ECHR reinforces this conclusion. The application for sale is dismissed pending determination of appeals.

Parties
Claimant: Hawk Recovery Limited; First Defendant: Nicholas John Hall; Second Defendant: Susan Hall; Third Defendant: Brunswick Wealth LLP
Jurisdiction
England and Wales
Judgment Date
03 June 2016
Procedural Posture
Civil / Application for Directions Pending Appeal
Outcome
Application dismissed
Legal Topics
Bankruptcy, Order for Sale, Equitable Interest, Abuse of Process, Costs
Insolvency Property Trusts Bankruptcy Order for Sale Equitable Interest Abuse of Process Costs

Case Brief

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Parties

Hawk Recovery Limited

Claimant

Nicholas John Hall

First Defendant

Susan Hall

Second Defendant

Brunswick Wealth LLP

Third Defendant

Procedural Posture

Civil / Application for Directions Pending Appeal

Legal Issues

  1. 1 Whether the property should be sold to satisfy a bankruptcy debt before pending appeals are determined
  2. 2 Whether the application constitutes an abuse of process
  3. 3 Whether the Defendants should remain in possession pending appeal

Ratio Decidendi

The harm to the Defendants in ordering sale now, if ultimately successful on appeal, outweighs the harm to the Claimant in delaying sale. The right to respect for the home under Article 8 ECHR reinforces this conclusion. The application for sale is dismissed pending determination of appeals.

Court Disposition

Application dismissed

Orders

  • Defendants to remain in possession of the property pending appeals
  • Costs order to be determined after submissions or by agreement