Osbourne v Kendrick [2001] EWCA Civ 690 (25 April 2001)

Osbourne v Kendrick [2001] EWCA Civ 690 (25 April 2001)

A compensation order made in criminal proceedings is enforceable only by the magistrates' court or its clerk, not by the beneficiary; the beneficiary is not a creditor entitled to seek a charging order under section 1 of the Charging Orders Act 1979.

Citation
[2001] EWCA Civ 690
Parties
Respondent/claimant (co Executor of the Estate of Lizzie Mary Clare): Kerry Osbourne; Appellant/defendant: Kathleen Paula Imelda Kendrick
Jurisdiction
England and Wales
Judgment Date
25 April 2001
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Compensation Orders, Enforcement of Criminal Orders, Charging Orders
Criminal Law Civil Procedure Compensation Orders Enforcement of Criminal Orders Charging Orders

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Parties

Kerry Osbourne

Respondent/claimant (co Executor of the Estate of Lizzie Mary Clare)

Kathleen Paula Imelda Kendrick

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a compensation order made in criminal proceedings can be enforced by the beneficiary or only by the magistrates' court
  2. 2 Whether the beneficiary of a compensation order is a creditor entitled to seek a charging order under the Charging Orders Act 1979

Ratio Decidendi

A compensation order made in criminal proceedings is enforceable only by the magistrates' court or its clerk, not by the beneficiary; the beneficiary is not a creditor entitled to seek a charging order under section 1 of the Charging Orders Act 1979.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs
  • Public funded costs assessment