The Lord Chancellor (As Successor To the Legal Services Commission) v Farooqi & Anor

The Lord Chancellor (As Successor To the Legal Services Commission) v Farooqi & Anor

The first defendant has no beneficial interest in either 4 Lorne Road or 10 Brook Road, having divested himself of all interests by transfers in 1996 and 2010 respectively. The evidence did not displace the presumption of joint ownership at acquisition, but subsequent events and transfers vested the entire beneficial interest in the second defendant. Accordingly, the applications for final charging orders are refused.

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 / Judgment After Trial of Applications for Final Charging Orders
Outcome
Applications for final charging orders refused; interim charging orders to be discharged if necessary.
Legal Topics
Beneficial Ownership, Charging Orders, Equitable Accounting, Trusts of Land, Matrimonial Property
Property Law Family Law Civil Procedure Beneficial Ownership Charging Orders Equitable Accounting Trusts of Land Matrimonial Property

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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 / Judgment After Trial of Applications for Final Charging Orders

Legal Issues

  1. 1 Whether the first defendant has any beneficial interest in 4 Lorne Road and 10 Brook Road
  2. 2 Whether final charging orders should be made over the properties

Ratio Decidendi

The first defendant has no beneficial interest in either 4 Lorne Road or 10 Brook Road, having divested himself of all interests by transfers in 1996 and 2010 respectively. The evidence did not displace the presumption of joint ownership at acquisition, but subsequent events and transfers vested the entire beneficial interest in the second defendant. Accordingly, the applications for final charging orders are 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 either 4 Lorne Road or 10 Brook Road.
  • Refusal to make final charging orders over the properties.