Nelson v Greening & Sykes (Builders) Ltd.

Nelson v Greening & Sykes (Builders) Ltd.

The orders made by Mr Justice Peter Smith were not nullities; any procedural defects did not render them void. The correct procedure for challenging such orders is by appeal or by application under the Civil Procedure Rules or Section 3(5) of the Charging Orders Act 1979, not by treating them as nullities.

Parties
Claimant/appellant: David Joseph Nelson; Defendant/respondent: Greening & Sykes (Builders) Limited; Interested Party/appellant: Shirene Hanley
Jurisdiction
England and Wales
Judgment Date
20 May 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Applications for permission to appeal dismissed
Legal Topics
Charging Orders, Nullity of Court Orders, Specific Performance, Procedural Irregularity
Civil Procedure Property Law Charging Orders Nullity of Court Orders Specific Performance Procedural Irregularity

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Parties

David Joseph Nelson

Claimant/appellant

Greening & Sykes (Builders) Limited

Defendant/respondent

Shirene Hanley

Interested Party/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the orders made by Mr Justice Peter Smith were nullities
  2. 2 Whether the correct procedure was followed in challenging the charging orders
  3. 3 Whether procedural defects rendered the orders void

Ratio Decidendi

The orders made by Mr Justice Peter Smith were not nullities; any procedural defects did not render them void. The correct procedure for challenging such orders is by appeal or by application under the Civil Procedure Rules or Section 3(5) of the Charging Orders Act 1979, not by treating them as nullities.

Court Disposition

Applications for permission to appeal dismissed

Orders

  • Applications dismissed
  • Costs assessed summarily at £1,864.00 payable by the applicants