David Raymond Brierley v Frank Otuo & Ors

David Raymond Brierley v Frank Otuo & Ors

Once the underlying debts secured by the charging orders were discharged by payment, the charging orders and the associated entitlement to recover sale costs from the property ceased. There is no personal liability for such costs absent express agreement. The order for sale of 311 Leigham Court Road cannot stand after discharge of the charging orders.

Parties
Claimant (hc 2017 000147) / Defendant (hc 2017 000158): David Raymond Brierley; Defendant (hc 2017 000147) / Claimant (hc 2017 000158): Frank Otuo; Defendant (hc 2017 000147) / Defendant (hc 2017 000158): Ruth Otuo; Defendant (hc 2017 000147): Jason Adu-Gyamfi; Defendant (hc 2017 000147): Jayana Thenuara; Defendant (hc 2017 000158): Lisa-Jayne Brierley
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (property/trusts/probate) / Post Trial Applications and Determination of Outstanding Issues
Outcome
Stay of order for sale granted; claimant's application for release from Undertaking rendered otiose; no personal liability for LCR or OXR costs found;
Legal Topics
Charging Orders, Costs of Sale, Redemption of Mortgages, Order for Sale, Detailed Assessment of Costs
Property Law Trusts and Estates Civil Procedure Charging Orders Costs of Sale Redemption of Mortgages Order for Sale Detailed Assessment of Costs

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Parties

David Raymond Brierley

Claimant (hc 2017 000147) / Defendant (hc 2017 000158)

Frank Otuo

Defendant (hc 2017 000147) / Claimant (hc 2017 000158)

Ruth Otuo

Defendant (hc 2017 000147) / Defendant (hc 2017 000158)

Jason Adu-Gyamfi

Defendant (hc 2017 000147)

Jayana Thenuara

Defendant (hc 2017 000147)

Lisa-Jayne Brierley

Defendant (hc 2017 000158)

Procedural Posture

Civil (property/trusts/probate) / Post Trial Applications and Determination of Outstanding Issues

Legal Issues

  1. 1 Whether the claimant is entitled to recover costs and expenses of sale (LCR and OXR costs) after discharge of charging orders
  2. 2 Whether the order for sale of 311 Leigham Court Road remains valid after discharge of underlying debts
  3. 3 Whether the claimant can recover costs personally from the defendants

Ratio Decidendi

Once the underlying debts secured by the charging orders were discharged by payment, the charging orders and the associated entitlement to recover sale costs from the property ceased. There is no personal liability for such costs absent express agreement. The order for sale of 311 Leigham Court Road cannot stand after discharge of the charging orders.

Court Disposition

Stay of order for sale granted; claimant's application for release from Undertaking rendered otiose; no personal liability for LCR or OXR costs found;

Orders

  • Stay of those parts of the Le Poidevin order providing for sale of 311 Leigham Court Road
  • Release of the Undertaking restraining sale upon making of the stay order