Close Invoice Finance Ltd v Pile & Anor

Close Invoice Finance Ltd v Pile & Anor

The court granted an order for sale to enforce the charging order, finding that the claimant was entitled to enforce its security, but postponed possession and sale until the summer of the following year to take into account the health and educational needs of the defendants' family members and the proportionality required by the European Convention on Human Rights.

Parties
Claimant: Close Invoice Finance Ltd; Defendant: Christine Dawn Pile; Defendant: Clyde Dennis Pile
Jurisdiction
England and Wales
Judgment Date
20 May 2008
Procedural Posture
Civil / Judgment on Application for Order for Sale to Enforce Charging Order
Outcome
Order for sale granted, with possession postponed until summer of the following year.
Legal Topics
Charging Orders, Order for Sale, Trusts of Land and Appointment of Trustees Act 1996 (tolata), European Convention on Human Rights, Discretion of Court in Enforcement Proceedings
Civil Procedure Property Law Human Rights Charging Orders Order for Sale Trusts of Land and Appointment of Trustees Act 1996 (tolata) European Convention on Human Rights Discretion of Court in Enforcement Proceedings

Case Brief

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Parties

Close Invoice Finance Ltd

Claimant

Christine Dawn Pile

Defendant

Clyde Dennis Pile

Defendant

Procedural Posture

Civil / Judgment on Application for Order for Sale to Enforce Charging Order

Legal Issues

  1. 1 Whether an order for sale should be granted to enforce a charging order over the defendants' family home
  2. 2 Whether and to what extent the interests of non-debtor occupiers and family members should be considered in the exercise of the court's discretion under CPR 73.10
  3. 3 Compatibility of enforcement with the European Convention on Human Rights

Ratio Decidendi

The court granted an order for sale to enforce the charging order, finding that the claimant was entitled to enforce its security, but postponed possession and sale until the summer of the following year to take into account the health and educational needs of the defendants' family members and the proportionality required by the European Convention on Human Rights.

Court Disposition

Order for sale granted, with possession postponed until summer of the following year.

Orders

  • Order for sale of 544 Church Road, Yardley, Birmingham to enforce charging order.
  • Possession and sale postponed until summer of next year to allow for family circumstances.