Monte Developments Ltd v Court Management Consultants Ltd & Ors [2010] EWHC 3071 (Ch) (29 November 2010)

Monte Developments Ltd v Court Management Consultants Ltd & Ors [2010] EWHC 3071 (Ch) (29 November 2010)

There was no jurisdiction to make the charging order over sums not yet subject to judgment or assessment; even if jurisdiction existed, the court exercised its discretion to set aside the charging order because the company was insolvent and the order would unfairly disadvantage other creditors.

Citation
[2010] EWHC 3071 (Ch)
Parties
Applicant/respondent: Monte Developments Limited (in administration); Respondent/applicant: Court Management Consultants Limited; Respondent/applicant: Paul Grant Jackson; Respondent/applicant: Patricia Mary Jackson
Jurisdiction
England and Wales
Judgment Date
29 November 2010
Procedural Posture
Companies Court Application / Judgment on Applications to Discharge Charging Order and for Orders Under Insolvency Act
Outcome
Charging order set aside; no order on respondents' application.
Legal Topics
Charging Orders, Administration, Creditor Claims, Corporate Insolvency, Discretion to Set Aside Orders
Insolvency Company Law Charging Orders Administration Creditor Claims Corporate Insolvency Discretion to Set Aside Orders

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Parties

Monte Developments Limited (in administration)

Applicant/respondent

Court Management Consultants Limited

Respondent/applicant

Paul Grant Jackson

Respondent/applicant

Patricia Mary Jackson

Respondent/applicant

Procedural Posture

Companies Court Application / Judgment on Applications to Discharge Charging Order and for Orders Under Insolvency Act

Legal Issues

  1. 1 Jurisdiction to make charging order over sums not yet subject to judgment or assessment
  2. 2 Exercise of discretion to set aside charging order in insolvency context
  3. 3 Solvency of company at date of charging order

Ratio Decidendi

There was no jurisdiction to make the charging order over sums not yet subject to judgment or assessment; even if jurisdiction existed, the court exercised its discretion to set aside the charging order because the company was insolvent and the order would unfairly disadvantage other creditors.

Court Disposition

Charging order set aside; no order on respondents' application.

Orders

  • Order setting aside the charging order over the property.
  • No order on respondents' application under paragraphs 74 and 81 of Schedule B1 Insolvency Act 1986.