The Royal Oak Property Company Ltd v Iktilat & Anor [2008] EWHC 1703 (Ch) (23 July 2008)

The Royal Oak Property Company Ltd v Iktilat & Anor [2008] EWHC 1703 (Ch) (23 July 2008)

Iktilat retained a beneficial interest in the properties under the arrangement with Al-Ansari, specifically the equity of redemption, which is sufficient to justify charging orders and an order for sale under section 2 of the Charging Orders Act 1979 and CPR 73.10.

Citation
[2008] EWHC 1703 (Ch)
Parties
Claimant: The Royal Oak Property Company Limited; First Defendant: Eyad Iktilat; Second Defendant: Maythem Al-Ansari
Jurisdiction
England and Wales
Judgment Date
23 July 2008
Procedural Posture
Part 8 Claim / Judgment After Inquiry as to Beneficial Interest
Outcome
Order for sale granted, stayed pending resolution of application to set aside judgment.
Legal Topics
Charging Orders, Beneficial Ownership, Equitable Mortgage, Order for Sale, Equity of Redemption
Property Law Civil Procedure Charging Orders Beneficial Ownership Equitable Mortgage Order for Sale Equity of Redemption

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Parties

The Royal Oak Property Company Limited

Claimant

Eyad Iktilat

First Defendant

Maythem Al-Ansari

Second Defendant

Procedural Posture

Part 8 Claim / Judgment After Inquiry as to Beneficial Interest

Legal Issues

  1. 1 Whether the defendants, and which of them, have any beneficial interest in the properties
  2. 2 Whether the claimant is entitled to orders for sale to enforce charging orders

Ratio Decidendi

Iktilat retained a beneficial interest in the properties under the arrangement with Al-Ansari, specifically the equity of redemption, which is sufficient to justify charging orders and an order for sale under section 2 of the Charging Orders Act 1979 and CPR 73.10.

Court Disposition

Order for sale granted, stayed pending resolution of application to set aside judgment.

Orders

  • Order for sale of All Souls Avenue first; Bevin Road to be sold only if proceeds are insufficient to satisfy judgment debt.
  • Order stayed until final judgment on application to set aside, including any appeal, provided proceedings are prosecuted with due diligence.