Holder & Ors v. APC Supperstone & Ors [1999] EWHC Ch 189 (30th November, 1999)

Holder & Ors v. APC Supperstone & Ors [1999] EWHC Ch 189 (30th November, 1999)

The holder of a charging order is entitled to add reasonable costs of enforcing the security to the amount secured by the charging order and to have those costs paid out of the proceeds of sale of the charged property, by virtue of section 3(4) of the Charging Orders Act 1979 and the common law principles applicable to equitable charges.

Citation
[1999] EWHC Ch 189
Parties
Plaintiffs/claimants: Graham Holder & Ors; Defendants/trustee in Bankruptcy: APC Supperstone & Ors
Jurisdiction
England and Wales
Procedural Posture
Chancery Division Civil Claim (enforcement of Charging Order) / Judgment on Application for Costs to Be Paid Out of Proceeds of Sale
Outcome
Application granted
Legal Topics
Charging Orders, Enforcement of Judgments, Costs of Proceedings, Equitable Charges
Property Law Bankruptcy Law Civil Procedure Charging Orders Enforcement of Judgments Costs of Proceedings Equitable Charges

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Parties

Graham Holder & Ors

Plaintiffs/claimants

APC Supperstone & Ors

Defendants/trustee in Bankruptcy

Procedural Posture

Chancery Division Civil Claim (enforcement of Charging Order) / Judgment on Application for Costs to Be Paid Out of Proceeds of Sale

Legal Issues

  1. 1 Whether the Claimants are entitled to have their costs of enforcing a charging order paid out of the proceeds of sale of the Properties
  2. 2 Whether costs incurred in enforcing a charging order can be added to the security conferred by the charging order

Ratio Decidendi

The holder of a charging order is entitled to add reasonable costs of enforcing the security to the amount secured by the charging order and to have those costs paid out of the proceeds of sale of the charged property, by virtue of section 3(4) of the Charging Orders Act 1979 and the common law principles applicable to equitable charges.

Court Disposition

Application granted

Orders

  • Costs of the Claimants, to be assessed if not agreed, to be paid out of the proceeds of sale of the Properties held in the joint account of the solicitors to the parties.