Blight v Meredith & Ors

Blight v Meredith & Ors

The transfer and crediting of the market value of shares to the Claimants constituted a sale within the meaning of the court order, and the court has jurisdiction to compel the Defendant to exercise his right to draw down his pension to satisfy the judgment debt, including by authorising the Claimants' solicitor to make the election on the Defendant's behalf if necessary.

Parties
Claimant/appellant: Christopher John Blight; Claimant/appellant: David Meredith; Claimant/appellant: Karen Lewis; Defendant/respondent: Roger Brewster
Jurisdiction
England and Wales
Judgment Date
09 February 2012
Procedural Posture
Civil Appeal / Judgment on Application for Permission to Appeal And, If Granted, Appeal
Outcome
Appeal allowed; orders below reversed and varied.
Legal Topics
Charging Orders, Sale of Shares, Third Party Debt Orders, Equitable Execution, Pension Rights Enforcement
Civil Procedure Enforcement of Judgments Equity Charging Orders Sale of Shares Third Party Debt Orders Equitable Execution Pension Rights Enforcement

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Parties

Christopher John Blight

Claimant/appellant

David Meredith

Claimant/appellant

Karen Lewis

Claimant/appellant

Roger Brewster

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Application for Permission to Appeal And, If Granted, Appeal

Legal Issues

  1. 1 Whether the transfer and crediting of shares to the Claimants constituted a 'sale' within the meaning of the court order
  2. 2 Whether the court has jurisdiction to compel the Defendant to exercise his right to draw down 25% of his pension for enforcement of a judgment debt

Ratio Decidendi

The transfer and crediting of the market value of shares to the Claimants constituted a sale within the meaning of the court order, and the court has jurisdiction to compel the Defendant to exercise his right to draw down his pension to satisfy the judgment debt, including by authorising the Claimants' solicitor to make the election on the Defendant's behalf if necessary.

Court Disposition

Appeal allowed; orders below reversed and varied.

Orders

  • Permission to appeal granted.
  • Orders of District Judge Nightingale reversed.