Marley (UK) Ltd v Alcock [2005] EWCA Civ 1478 (11 November 2005)

Marley (UK) Ltd v Alcock [2005] EWCA Civ 1478 (11 November 2005)

Mr Alcock had a sufficient beneficial interest in the property to justify enforcement of the charging order by sale; there was no basis to stay enforcement pending European Court proceedings, and the judge's exercise of discretion was correct. The application for permission to appeal was entirely without merit.

Citation
[2005] EWCA Civ 1478
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 as entirely without merit.
Legal Topics
Charging Order Enforcement, Beneficial Interest in Property, Article 6 ECHR (right to Fair Trial), Article 8 ECHR (right to Respect for Home), Appeal Procedure, Civil Restraint Orders
Civil Procedure Property Law Human Rights Charging Order Enforcement Beneficial Interest in Property Article 6 ECHR (right to Fair Trial) Article 8 ECHR (right to Respect for Home) Appeal Procedure +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 of property should be stayed pending European Court of Human Rights proceedings
  2. 2 Whether the applicant had a sufficient beneficial interest in the property to justify enforcement of the charging order
  3. 3 Whether the judge erred in excluding certain evidence and disregarding alleged breaches of the European Convention on Human Rights

Ratio Decidendi

Mr Alcock had a sufficient beneficial interest in the property to justify enforcement of the charging order by sale; there was no basis to stay enforcement pending European Court proceedings, and the judge's exercise of discretion was correct. The application for permission to appeal was entirely without merit.

Court Disposition

Application for permission to appeal refused as entirely without merit.

Orders

  • Application for permission to appeal dismissed as entirely without merit.
  • No civil restraint order made at this stage, but applicant is on notice for future applications.