The Lord Chancellor (As Successor To the Legal Services Commission) v Farooqi & Anor [2018] EWHC 3638 (Ch) (10 May 2018)

The Lord Chancellor (As Successor To the Legal Services Commission) v Farooqi & Anor [2018] EWHC 3638 (Ch) (10 May 2018)

The first defendant, Munir Farooqi, has no beneficial interest in either 4 Lorne Road or 10 Brook Road, Manchester. The evidence established that any beneficial interest he may have had was divested by transfers to the second defendant, Zeenat Farooqi, in 1996 (Lorne Road) and 2010 (Brook Road), and there was no evidence of a retained beneficial interest. Consequently, the applications for final charging orders must be refused.

Citation
[2018] EWHC 3638 (Ch)
Parties
Claimant: The Lord Chancellor (as successor to the Legal Services Commission); First Defendant: Munir Farooqi; Second Defendant: Zeenat Farooqi
Jurisdiction
England and Wales
Judgment Date
10 May 2018
Procedural Posture
Civil Property/trusts / Trial Judgment
Outcome
Applications for final charging orders refused; interim charging orders to be discharged if necessary.
Legal Topics
Beneficial Ownership, Charging Orders, Equitable Accounting, Resulting/constructive Trusts, Matrimonial Property, Recovery of Defence Costs
Property Law Trusts Law Family Law Beneficial Ownership Charging Orders Equitable Accounting Resulting/constructive Trusts Matrimonial Property +1 more

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Parties

The Lord Chancellor (as successor to the Legal Services Commission)

Claimant

Munir Farooqi

First Defendant

Zeenat Farooqi

Second Defendant

Procedural Posture

Civil Property/trusts / Trial Judgment

Legal Issues

  1. 1 Whether the first defendant has any beneficial interest in 4 Lorne Road and 10 Brook Road, Manchester, and if so, the extent of that interest
  2. 2 Whether final charging orders should be made over the properties

Ratio Decidendi

The first defendant, Munir Farooqi, has no beneficial interest in either 4 Lorne Road or 10 Brook Road, Manchester. The evidence established that any beneficial interest he may have had was divested by transfers to the second defendant, Zeenat Farooqi, in 1996 (Lorne Road) and 2010 (Brook Road), and there was no evidence of a retained beneficial interest. Consequently, the applications for final charging orders must be refused.

Court Disposition

Applications for final charging orders refused; interim charging orders to be discharged if necessary.

Orders

  • Declaration that the first defendant has no beneficial interest in 4 Lorne Road or 10 Brook Road, Manchester.
  • Refusal to make final charging orders over the properties.