Kremen v Agrest

Kremen v Agrest

The appeal was dismissed because the judge was entitled to exercise his discretion to refuse a charging order absolute in favour of Mr. Chesnokov, given the exceptional circumstances, the needs of Ms. Kremen and her children, and the fact that Mr. Chesnokov proceeded with the transaction knowing the risks and was the author of his own misfortune. The equity in South Lodge was urgently needed to meet the needs of the wife and children, and justice would not be served by making a charging order absolute.

Parties
Claimant/respondent: Janna Kremen; Defendant: Boris Agrest; Intervener/appellant: Georgy Chesnokov
Jurisdiction
England and Wales
Judgment Date
05 February 2013
Procedural Posture
Appeal / Judgment on Appeal Against High Court Order Refusing Charging Order Absolute
Outcome
Appeal dismissed
Legal Topics
Financial Relief After Divorce, Charging Orders, Discretionary Orders, Balancing Interests of Judgment Creditor and Spouse
Family Law Civil Procedure Financial Relief After Divorce Charging Orders Discretionary Orders Balancing Interests of Judgment Creditor and Spouse

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Parties

Janna Kremen

Claimant/respondent

Boris Agrest

Defendant

Georgy Chesnokov

Intervener/appellant

Procedural Posture

Appeal / Judgment on Appeal Against High Court Order Refusing Charging Order Absolute

Legal Issues

  1. 1 Whether a charging order absolute should be made in favour of a judgment creditor over property needed to satisfy a spouse's financial relief award
  2. 2 How to balance the interests of a judgment creditor and the needs of a spouse and minor children

Ratio Decidendi

The appeal was dismissed because the judge was entitled to exercise his discretion to refuse a charging order absolute in favour of Mr. Chesnokov, given the exceptional circumstances, the needs of Ms. Kremen and her children, and the fact that Mr. Chesnokov proceeded with the transaction knowing the risks and was the author of his own misfortune. The equity in South Lodge was urgently needed to meet the needs of the wife and children, and justice would not be served by making a charging order absolute.

Court Disposition

Appeal dismissed

Orders

  • No charging order absolute granted in favour of Mr. Chesnokov
  • Ms. Kremen retains equity in South Lodge to satisfy financial relief award