Goodfellow v Markos

Goodfellow v Markos

The application for permission to appeal was dismissed because the defendant had not exhausted remedies in the High Court regarding alleged lack of notice, the underlying costs order was not appealable, and there was no substance to the other grounds. Enforcement by possession was lawful given the defendant's refusal to cooperate in satisfying the debt.

Parties
Claimant/respondent: Goodfellow; Defendant/appellant: Milica Markos
Jurisdiction
England and Wales
Judgment Date
28 February 2007
Procedural Posture
Civil Appeal (possession/enforcement of Charging Order) / Renewed Application for Permission to Appeal From High Court Possession Order
Outcome
Application for permission to appeal refused
Legal Topics
Enforcement of Charging Orders, Possession Proceedings, Notice of Hearing, Legal Aid/public Funding, Civil Restraint Orders
Civil Procedure Property Law Human Rights Enforcement of Charging Orders Possession Proceedings Notice of Hearing Legal Aid/public Funding Civil Restraint Orders

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Parties

Goodfellow

Claimant/respondent

Milica Markos

Defendant/appellant

Procedural Posture

Civil Appeal (possession/enforcement of Charging Order) / Renewed Application for Permission to Appeal From High Court Possession Order

Legal Issues

  1. 1 Whether the order for possession was made without notice to the defendant
  2. 2 Whether the enforcement of the charging order and possession was disproportionate under the Human Rights Act 1998
  3. 3 Whether the underlying costs order could be challenged

Ratio Decidendi

The application for permission to appeal was dismissed because the defendant had not exhausted remedies in the High Court regarding alleged lack of notice, the underlying costs order was not appealable, and there was no substance to the other grounds. Enforcement by possession was lawful given the defendant's refusal to cooperate in satisfying the debt.

Court Disposition

Application for permission to appeal refused

Orders

  • Transcript of judgment to be prepared at public expense and distributed as directed
  • Notice to be placed on file that further applications by Mrs Markos may be refused without oral hearing if devoid of merit