C Putnam & Sons v Taylor & Anor

C Putnam & Sons v Taylor & Anor

At the time of the charging order, Mr and Mrs Taylor were joint beneficial owners; the charging order severed the joint tenancy, making them tenants in common. Mr Taylor's share is liable for the debt. The court's discretion under TLATA and human rights law does not justify refusing sale, as the creditor would otherwise have no prospect of recovery and the debt would continue to increase.

Parties
Claimant: C Putnam & Sons; First Defendant: Archibald Taylor; Second Defendant: Agneta Taylor
Jurisdiction
England and Wales
Judgment Date
29 January 2009
Procedural Posture
Civil / Judgment on Application to Enforce Charging Order by Possession and Sale
Outcome
Application granted; order for sale with deferred possession.
Legal Topics
Enforcement of Charging Orders, Trusts of Land and Appointment of Trustees Act 1996 (tlata), Beneficial Ownership, Human Rights (article 8 ECHR, Protocol 1), Discretionary Sale of Family Home
Property Law Civil Procedure Trusts Enforcement of Charging Orders Trusts of Land and Appointment of Trustees Act 1996 (tlata) Beneficial Ownership Human Rights (article 8 Echr, Protocol 1) Discretionary Sale of Family Home

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

C Putnam & Sons

Claimant

Archibald Taylor

First Defendant

Agneta Taylor

Second Defendant

Procedural Posture

Civil / Judgment on Application to Enforce Charging Order by Possession and Sale

Legal Issues

  1. 1 Whether Mrs Taylor is solely beneficially entitled to the property
  2. 2 Whether the charging order should be enforced by sale of the family home
  3. 3 How the court should exercise its discretion under TLATA and human rights law

Ratio Decidendi

At the time of the charging order, Mr and Mrs Taylor were joint beneficial owners; the charging order severed the joint tenancy, making them tenants in common. Mr Taylor's share is liable for the debt. The court's discretion under TLATA and human rights law does not justify refusing sale, as the creditor would otherwise have no prospect of recovery and the debt would continue to increase.

Court Disposition

Application granted; order for sale with deferred possession.

Orders

  • Order for sale of 15 Seagrave Road, Beaconsfield, with defendants given opportunity to sell by private treaty before 15 June; if not sold by then, possession to be given to claimant for conduct of sale.
  • Liberty to apply for extension if sale is imminent.