Marley (UK) Ltd v Alcock

Marley (UK) Ltd v Alcock

The applicant had a sufficient beneficial interest in the property to justify enforcement of the charging order by sale; the judge properly exercised discretion in refusing a stay pending European Court proceedings and in excluding irrelevant arguments; there was no prospect of a successful appeal.

Parties
Claimant/respondent: Marley (UK) Limited; Defendant/applicant: Edwin Arthur Alcock
Jurisdiction
England and Wales
Judgment Date
11 November 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused; application dismissed as entirely without merit.
Legal Topics
Charging Orders, Enforcement of Judgments, Beneficial Ownership, Appeal Procedure, Human Rights Act, Probate
Civil Procedure Property Law Human Rights Charging Orders Enforcement of Judgments Beneficial Ownership Appeal Procedure Human Rights Act +1 more

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Parties

Marley (UK) Limited

Claimant/respondent

Edwin Arthur Alcock

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether enforcement of a charging order by sale was proper given the applicant's interest in the property
  2. 2 Whether the judge erred in refusing a stay pending European Court of Human Rights proceedings
  3. 3 Whether the applicant had a sufficient beneficial interest in the property to justify enforcement

Ratio Decidendi

The applicant had a sufficient beneficial interest in the property to justify enforcement of the charging order by sale; the judge properly exercised discretion in refusing a stay pending European Court proceedings and in excluding irrelevant arguments; there was no prospect of a successful appeal.

Court Disposition

Application for permission to appeal refused; application dismissed as entirely without merit.

Orders

  • Application for permission to appeal refused
  • It is to be noted on the court record that the application is dismissed as being entirely without merit