Little Miracles Ltd v Oliver & Ors [2022] EWHC 2553 (Ch) (14 October 2022)

Little Miracles Ltd v Oliver & Ors [2022] EWHC 2553 (Ch) (14 October 2022)

The debts arising from the April 2016 Order (damages and costs) were provable in the First Defendant's 2014 bankruptcy and are released upon discharge; therefore, they cannot be enforced against him personally, and a Final Charging Order cannot be made.

Citation
[2022] EWHC 2553 (Ch)
Parties
Claimant: Little Miracles Limited; First Defendant: Jonathan Nicholas Oliver; Second Defendant: Fermain Properties Limited; Third Defendant: Louise Jane Oliver
Jurisdiction
England and Wales
Judgment Date
14 October 2022
Procedural Posture
Application for Final Charging Order / Final Hearing and Determination
Outcome
Claimant's application for a Final Charging Order dismissed; Interim Charging Order discontinued.
Legal Topics
Bankruptcy Debts, Charging Orders, Enforcement of Judgments, Provable Debts, Costs Orders
Insolvency Civil Procedure Property Law Bankruptcy Debts Charging Orders Enforcement of Judgments Provable Debts Costs Orders

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Parties

Little Miracles Limited

Claimant

Jonathan Nicholas Oliver

First Defendant

Fermain Properties Limited

Second Defendant

Louise Jane Oliver

Third Defendant

Procedural Posture

Application for Final Charging Order / Final Hearing and Determination

Legal Issues

  1. 1 Whether the debts arising from the April 2016 Order are provable in the First Defendant's 2014 bankruptcy
  2. 2 Whether a Final Charging Order can be made against the First Defendant's interest in the property
  3. 3 Whether the April 2016 Order can be enforced against the First Defendant post-bankruptcy

Ratio Decidendi

The debts arising from the April 2016 Order (damages and costs) were provable in the First Defendant's 2014 bankruptcy and are released upon discharge; therefore, they cannot be enforced against him personally, and a Final Charging Order cannot be made.

Court Disposition

Claimant's application for a Final Charging Order dismissed; Interim Charging Order discontinued.

Orders

  • Declaration that the First Defendant's liabilities under paragraphs 7 and 9 of the April 2016 Order were provable debts in his 2014 bankruptcy from which he has been discharged.
  • Order discontinuing the Interim Charging Order.