Little Miracles Limited v Jonathan Nicholas Oliver & Ors.

Little Miracles Limited v Jonathan Nicholas Oliver & Ors.

The debts arising from the April 2016 Order (damages and costs) were provable in Mr Oliver's 2014 bankruptcy as they arose from obligations incurred before the bankruptcy order. Upon discharge from bankruptcy, Mr Oliver is released from these debts, and they cannot be enforced against him personally, including by way of Charging Order.

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
Civil (enforcement of Judgment / Charging Order) / Judgment on Application for Final Charging Order and Related Applications
Outcome
Claimant's application for a Final Charging Order dismissed; Declaration to be made that Mr Oliver's liabilities under the April 2016 Order were provable debts in his 2014 bankruptcy from which he has been discharged.
Legal Topics
Bankruptcy Debts, Provable Debts, Charging Orders, Enforcement of Judgments, Costs Orders
Insolvency Civil Procedure Property Law Bankruptcy Debts Provable Debts Charging Orders Enforcement of Judgments 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

Civil (enforcement of Judgment / Charging Order) / Judgment on Application for Final Charging Order and Related Applications

Legal Issues

  1. 1 Whether the debts arising from the April 2016 Order (damages and costs) are provable in Mr Oliver's 2014 bankruptcy and thus unenforceable post-discharge
  2. 2 Whether a Final Charging Order should be made against Mr Oliver's interest in the property
  3. 3 Whether the April 2016 Order should be varied or set aside

Ratio Decidendi

The debts arising from the April 2016 Order (damages and costs) were provable in Mr Oliver's 2014 bankruptcy as they arose from obligations incurred before the bankruptcy order. Upon discharge from bankruptcy, Mr Oliver is released from these debts, and they cannot be enforced against him personally, including by way of Charging Order.

Court Disposition

Claimant's application for a Final Charging Order dismissed; Declaration to be made that Mr Oliver's liabilities under the April 2016 Order were provable debts in his 2014 bankruptcy from which he has been discharged.

Orders

  • Application for Final Charging Order dismissed
  • Interim Charging Order discontinued (if necessary)