Wallace & Anor v Crossley & Anor

Wallace & Anor v Crossley & Anor

The county court had jurisdiction to order sale of the property after transfer from the High Court, regardless of the amount in issue. There was no error of law or principle in refusing a stay, and no breach of the appellants' Convention rights. The appeal was therefore dismissed.

Parties
Appellants: Wallace & Anr; Respondents: Crossley & Anr
Jurisdiction
England and Wales
Judgment Date
10 July 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Stay of Execution, Jurisdiction, Transfer of Proceedings, Human Rights (articles 6 and 8 Echr)
Civil Procedure Property Law Stay of Execution Jurisdiction Transfer of Proceedings Human Rights (articles 6 and 8 Echr)

Case Brief

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Parties

Wallace & Anr

Appellants

Crossley & Anr

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court erred in refusing a stay of an order for sale of property to enforce a charging order
  2. 2 Whether the county court had jurisdiction to order sale where the debt exceeded £30,000 after transfer from High Court
  3. 3 Whether the appellants' Convention rights under Articles 6 and 8 ECHR were breached

Ratio Decidendi

The county court had jurisdiction to order sale of the property after transfer from the High Court, regardless of the amount in issue. There was no error of law or principle in refusing a stay, and no breach of the appellants' Convention rights. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No stay of order for sale granted