Ropaigealach v Allied Irish Bank Plc [2001] EWCA Civ 1381 (29 August 2001)

Ropaigealach v Allied Irish Bank Plc [2001] EWCA Civ 1381 (29 August 2001)

There are arguable points of principle and/or practice as to whether the court had jurisdiction to make a charging order absolute when an instalment order was in place and not in default, and whether the court properly exercised its discretion in making the order absolute without considering compliance with the instalment order.

Citation
[2001] EWCA Civ 1381
Parties
Applicant/claimant: Seoírse Treabhar Ropaigealach; Respondent/defendant: Allied Irish Bank PLC
Jurisdiction
England and Wales
Judgment Date
29 August 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal granted in part
Legal Topics
Charging Orders, Jurisdiction, Discretion of the Court, Enforcement by Instalments
Civil Procedure Enforcement of Judgments Charging Orders Jurisdiction Discretion of the Court Enforcement by Instalments

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Parties

Seoírse Treabhar Ropaigealach

Applicant/claimant

Allied Irish Bank PLC

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the court had jurisdiction to make a charging order absolute when the debtor was not in default of an instalment order
  2. 2 Whether the court should have exercised its discretion to refuse the charging order absolute in light of compliance with the instalment order

Ratio Decidendi

There are arguable points of principle and/or practice as to whether the court had jurisdiction to make a charging order absolute when an instalment order was in place and not in default, and whether the court properly exercised its discretion in making the order absolute without considering compliance with the instalment order.

Court Disposition

Permission to appeal granted in part

Orders

  • Permission to appeal granted on ground (B) relating to the charging order and instalment order interaction
  • Permission to appeal refused on grounds (A) and (C)