Fairbridge Capital Ltd v Patel & Anor [2026] EWHC 897 (KB) (17 April 2026)

Fairbridge Capital Ltd v Patel & Anor [2026] EWHC 897 (KB) (17 April 2026)

The court found that the Defendants' proposal for staged repayment was a tactic to further delay enforcement, that the Breathing Space relief was wrongly granted and inapplicable to the loan, and that the ancillary applications lacked merit. The stay was lifted and immediate enforcement permitted without further notice.

Citation
[2026] EWHC 897 (KB)
Parties
Claimant/respondent: Fairbridge Capital Ltd; Defendant/applicant: Chandu Patel; Defendant/applicant: Kamini Patel
Jurisdiction
England and Wales
Judgment Date
17 April 2026
Procedural Posture
Possession Proceedings (enforcement of Secured Loan) / Application to Stay Execution of Warrant for Possession; Full Hearing
Outcome
Application refused; stay lifted; Claimant at liberty to enforce possession order without further notice.
Legal Topics
Possession of Property, Enforcement of Security, Stay of Execution, Slip Rule (cpr R.40.12), Breathing Space Regulations
Civil Procedure Property Law Bankruptcy Possession of Property Enforcement of Security Stay of Execution Slip Rule (cpr R.40.12) Breathing Space Regulations

Case Brief

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Parties

Fairbridge Capital Ltd

Claimant/respondent

Chandu Patel

Defendant/applicant

Kamini Patel

Defendant/applicant

Procedural Posture

Possession Proceedings (enforcement of Secured Loan) / Application to Stay Execution of Warrant for Possession; Full Hearing

Legal Issues

  1. 1 Whether execution of the warrant for possession should be stayed
  2. 2 Whether the Defendants should be permitted to apply to amend the County Court order under the slip rule
  3. 3 Whether the Breathing Space Regulations applied to the loan in question

Ratio Decidendi

The court found that the Defendants' proposal for staged repayment was a tactic to further delay enforcement, that the Breathing Space relief was wrongly granted and inapplicable to the loan, and that the ancillary applications lacked merit. The stay was lifted and immediate enforcement permitted without further notice.

Court Disposition

Application refused; stay lifted; Claimant at liberty to enforce possession order without further notice.

Orders

  • Stay of execution ordered by Hill J on 25 February 2026 is lifted with immediate effect.
  • Fairbridge Capital Ltd is at liberty to enforce the possession order dated 5 June 2023.