Harlow & Milner Ltd v Teasdale

Harlow & Milner Ltd v Teasdale

The appeal had no real prospect of success as the judge was correct to reject both the procedural and substantive grounds; the charging order enforcement did not undermine arbitration, and the exercise of case management powers was proper.

Parties
Claimant/respondent: Harlow & Milner Limited; Defendant/appellant: Linda Teasdale
Jurisdiction
England and Wales
Judgment Date
03 July 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Charging Order, Summary Judgment, Adjudication Enforcement, Case Management Powers, Costs of Bankruptcy Proceedings
Civil Procedure Construction Law Charging Order Summary Judgment Adjudication Enforcement Case Management Powers Costs of Bankruptcy Proceedings

Case Brief

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Parties

Harlow & Milner Limited

Claimant/respondent

Linda Teasdale

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the final charging order should be stayed pending arbitration
  2. 2 Whether the judge erred in making no order as to costs of the bankruptcy proceedings
  3. 3 Whether short service of notice invalidated the charging order

Ratio Decidendi

The appeal had no real prospect of success as the judge was correct to reject both the procedural and substantive grounds; the charging order enforcement did not undermine arbitration, and the exercise of case management powers was proper.

Court Disposition

application for permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • No stay of charging order or property sale granted