Jeffery v Jeffery

Jeffery v Jeffery

The application to set aside or stay the order for sale fails because Andrew Jeffery did not demonstrate a real prospect of success in setting aside the underlying costs orders for fraud, and the material before the court did not satisfy the stringent legal requirements for reopening decided cases.

Parties
Claimant/respondent: Nicholas David Jeffery; Defendant/applicant: Andrew Paul Jeffery
Jurisdiction
England and Wales
Judgment Date
19 February 2021
Procedural Posture
Civil / Application to Set Aside or Stay Order for Sale
Outcome
Application dismissed
Legal Topics
Order for Sale, Charging Orders, Costs Orders, Fraud Allegations, Stay of Execution
Property Law Trusts and Probate Order for Sale Charging Orders Costs Orders Fraud Allegations Stay of Execution

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nicholas David Jeffery

Claimant/respondent

Andrew Paul Jeffery

Defendant/applicant

Procedural Posture

Civil / Application to Set Aside or Stay Order for Sale

Legal Issues

  1. 1 Whether the order for sale should be set aside or stayed pending further proceedings
  2. 2 Whether there is a real prospect of success in setting aside costs orders and charging orders for alleged fraud

Ratio Decidendi

The application to set aside or stay the order for sale fails because Andrew Jeffery did not demonstrate a real prospect of success in setting aside the underlying costs orders for fraud, and the material before the court did not satisfy the stringent legal requirements for reopening decided cases.

Court Disposition

Application dismissed

Orders

  • No stay of the order for sale granted
  • Order for sale remains in effect