Arrow Nominees Inc & Anor v Blackledge & Ors [2004] EWCA Civ 1251 (13 July 2004)

Arrow Nominees Inc & Anor v Blackledge & Ors [2004] EWCA Civ 1251 (13 July 2004)

Permission from the Court of Appeal is not required to apply for an order for sale to enforce the charging order made on 7 May 2004; the order of 27 July 2000 does not restrict enforcement by sale, and the appropriate procedure is to apply to the court that made the charging order.

Citation
[2004] EWCA Civ 1251
Parties
First Appellant: Arrow Nominees Inc; Second Appellant: Lorraine Blackledge; First Respondent: Graham Blackledge; Second Respondent: Margaret Blackledge; Third Respondent: GR and MM Blackledge PLC; Fourth Respondent: Bodycare (Health and Beauty) Limited
Jurisdiction
England and Wales
Judgment Date
13 July 2004
Procedural Posture
Appeal / Post Judgment Directions Regarding Enforcement of Charging Order
Outcome
Permission to apply for sale not required; application may proceed in the Manchester County Court.
Legal Topics
Unfair Prejudice Petition, Enforcement of Charging Order, Bankruptcy, Sale of Shares, Costs Orders
Company Law Civil Procedure Insolvency Unfair Prejudice Petition Enforcement of Charging Order Bankruptcy Sale of Shares Costs Orders

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Parties

Arrow Nominees Inc

First Appellant

Lorraine Blackledge

Second Appellant

Graham Blackledge

First Respondent

Margaret Blackledge

Second Respondent

GR and MM Blackledge PLC

Third Respondent

Bodycare (Health and Beauty) Limited

Fourth Respondent

Procedural Posture

Appeal / Post Judgment Directions Regarding Enforcement of Charging Order

Legal Issues

  1. 1 Whether permission of the Court of Appeal is required to enforce a charging order by sale under the order of 27 July 2000
  2. 2 Proper procedure for enforcement of charging order over shares held in trust

Ratio Decidendi

Permission from the Court of Appeal is not required to apply for an order for sale to enforce the charging order made on 7 May 2004; the order of 27 July 2000 does not restrict enforcement by sale, and the appropriate procedure is to apply to the court that made the charging order.

Court Disposition

Permission to apply for sale not required; application may proceed in the Manchester County Court.

Orders

  • No permission required from Court of Appeal to enforce charging order by sale.
  • Application for sale to be made to Manchester County Court.