Skatteforvaltningen v Solo Capital Partners LLP [2024] EWHC 2418 (Comm) (12 August 2024)

Skatteforvaltningen v Solo Capital Partners LLP [2024] EWHC 2418 (Comm) (12 August 2024)

SKAT, as judgment creditor, is entitled to final charging orders in the absence of undue prejudice to other creditors or exceptional circumstances; objections raised by Mr Jain and other creditors do not meet the statutory threshold to refuse the orders.

Citation
[2024] EWHC 2418 (Comm)
Parties
Claimant: Skatteforvaltningen (The Danish Customs and Tax Administration); Defendants: Solo Capital Partners LLP (in administration) & Others; Creditor (smk): Ms H Schwiering; Creditor (wu P): Mr W Packeisen; Judgment Debtor: Mr Jain
Jurisdiction
England and Wales
Judgment Date
12 August 2024
Procedural Posture
Enforcement of Costs Order (charging Order Proceedings) / Hearing to Determine Whether Interim Charging Orders Should Be Made Final
Outcome
Interim charging orders made final in favour of SKAT.
Legal Topics
Charging Orders, Costs Orders, Creditor Priority, Service of Process

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Parties

Skatteforvaltningen (The Danish Customs and Tax Administration)

Claimant

Solo Capital Partners LLP (in administration) & Others

Defendants

Ms H Schwiering

Creditor (smk)

Mr W Packeisen

Creditor (wu P)

Mr Jain

Judgment Debtor

Procedural Posture

Enforcement of Costs Order (charging Order Proceedings) / Hearing to Determine Whether Interim Charging Orders Should Be Made Final

  1. 1 Whether interim charging orders in favour of SKAT should be made final
  2. 2 Whether other creditors would be unduly prejudiced by making the orders final
  3. 3 Whether service on co-owners was effective

Ratio Decidendi

SKAT, as judgment creditor, is entitled to final charging orders in the absence of undue prejudice to other creditors or exceptional circumstances; objections raised by Mr Jain and other creditors do not meet the statutory threshold to refuse the orders.

Court Disposition

Interim charging orders made final in favour of SKAT.

Orders

  • Declaration that steps taken to notify co-owners constitute good service.
  • Final charging orders granted to SKAT.