Beechwood Construction Ltd v Afza & Anor [2008] EWHC 2671 (Ch) (31 October 2008)

Beechwood Construction Ltd v Afza & Anor [2008] EWHC 2671 (Ch) (31 October 2008)

The court has jurisdiction to make a third party debt order against sums due to a judgment debtor, even where subject to a statutory charge under the Access to Justice Act 1999, provided payment is made to the debtor's solicitor in accordance with regulation 18 of the CLS (Costs) Regulations 2000. The statutory charge does not preclude the order, but affects the method of collection and discharge.

Citation
[2008] EWHC 2671 (Ch)
Parties
Judgment Creditor: Beechwood Construction Limited; Judgment Debtor: Nudrat Afza; Third Party: Stan Batty
Jurisdiction
England and Wales
Judgment Date
31 October 2008
Procedural Posture
Appeal / Post Final Third Party Debt Order, Appellate Review
Outcome
Appeal dismissed in respect of the making of the third party debt order; order varied as to payment and costs.
Legal Topics
Third Party Debt Orders, Statutory Charge, Costs Assessment, Public Funding
Civil Procedure Legal Aid Third Party Debt Orders Statutory Charge Costs Assessment Public Funding

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Parties

Beechwood Construction Limited

Judgment Creditor

Nudrat Afza

Judgment Debtor

Stan Batty

Third Party

Procedural Posture

Appeal / Post Final Third Party Debt Order, Appellate Review

Legal Issues

  1. 1 Whether a third party debt order can be made where the judgment debtor's entitlement is subject to a statutory charge under the Access to Justice Act 1999
  2. 2 Whether regulation 18 of the CLS (Costs) Regulations 2000 precludes such an order
  3. 3 Proper procedure for payment and discharge under statutory charge

Ratio Decidendi

The court has jurisdiction to make a third party debt order against sums due to a judgment debtor, even where subject to a statutory charge under the Access to Justice Act 1999, provided payment is made to the debtor's solicitor in accordance with regulation 18 of the CLS (Costs) Regulations 2000. The statutory charge does not preclude the order, but affects the method of collection and discharge.

Court Disposition

Appeal dismissed in respect of the making of the third party debt order; order varied as to payment and costs.

Orders

  • Reference to costs of Bradford proceedings omitted from paragraph 1; payment to be made to Judgment Debtor's solicitors per regulation 18.
  • Paragraphs 2, 4–9 of DJ Anderson's order omitted.