Nerijus Antuzis & Ors v DJ Houghton Catching Services Ltd & Ors

Nerijus Antuzis & Ors v DJ Houghton Catching Services Ltd & Ors

Orders for sale of the nine charged properties are justified and necessary to enforce the long-overdue judgment debt, as the only realistic means of payment. Alternative proposals are too vague, unworkable, and not agreed by all parties. The Article 8 rights of occupants and health issues do not outweigh the claimants' rights, especially where properties are not used as homes or where adequate time for alternative arrangements is provided. Section 15 TOLATA factors and relevant case law support making the orders for sale.

Parties
Claimants: Nerijus Antuzis and others; First Defendant: DJ Houghton Catching Services Ltd; Second Defendant: Jacqueline Judge; Third Defendant: Darrell Houghton; Fourth Defendant: Joanne Judge
Jurisdiction
England and Wales
Judgment Date
15 July 2024
Procedural Posture
Civil (enforcement of Judgment Debt) / Disposal Hearing of Application for Orders for Sale of Charged Properties
Outcome
Orders for sale granted for all nine charged properties, with tailored provisions for timing and occupation.
Legal Topics
Charging Orders, Orders for Sale, Trusts of Land and Appointment of Trustees Act 1996 (tolata), Enforcement of Judgment Debts, Article 8 ECHR, Creditor Debtor Rights
Civil Procedure Trusts and Property Law Employment Law Charging Orders Orders for Sale Trusts of Land and Appointment of Trustees Act 1996 (tolata) Enforcement of Judgment Debts Article 8 ECHR +1 more

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Parties

Nerijus Antuzis and others

Claimants

DJ Houghton Catching Services Ltd

First Defendant

Jacqueline Judge

Second Defendant

Darrell Houghton

Third Defendant

Joanne Judge

Fourth Defendant

Procedural Posture

Civil (enforcement of Judgment Debt) / Disposal Hearing of Application for Orders for Sale of Charged Properties

Legal Issues

  1. 1 Whether orders for sale of nine charged properties should be made to enforce judgment debt
  2. 2 How to balance Article 8 ECHR rights of occupants against creditors' rights
  3. 3 Whether alternative proposals for settlement or refinancing justify refusal or postponement of sale orders

Ratio Decidendi

Orders for sale of the nine charged properties are justified and necessary to enforce the long-overdue judgment debt, as the only realistic means of payment. Alternative proposals are too vague, unworkable, and not agreed by all parties. The Article 8 rights of occupants and health issues do not outweigh the claimants' rights, especially where properties are not used as homes or where adequate time for alternative arrangements is provided. Section 15 TOLATA factors and relevant case law support making the orders for sale.

Court Disposition

Orders for sale granted for all nine charged properties, with tailored provisions for timing and occupation.

Orders

  • Orders for sale of five properties jointly owned by second and fourth defendants, in terms of draft orders with amended minimum price reduction provisions.
  • Order for sale of land West of Old Tree Lane, with fourth defendant entitled to purchase second and third defendants' shares at fixed price, timing linked to other sales.