Sandbrook v Herring & Anor [2022] EWHC 2092 (QB) (25 January 2022)

Sandbrook v Herring & Anor [2022] EWHC 2092 (QB) (25 January 2022)

Section 23 of the Partnership Act 1890 applies and prohibits enforcement against partnership property for a partner's separate judgment debt. The High Court Enforcement Officer is entitled to recover fees and charges only in relation to assets lawfully seized and sold, excluding partnership property unless a proper charging order is obtained. Exceptional disbursements are recoverable with creditor consent and court order. The officer acted under a valid writ and is immune from liability unless the writ is set aside or varied. The court will not determine factual issues regarding asset ownership or losses at this stage.

Citation
[2022] EWHC 2092 (QB)
Parties
Applicant: Claire Louise Sandbrook; First Respondent: Marcus Herring; Second Respondent: Christopher Mark Herring
Jurisdiction
England and Wales
Judgment Date
25 January 2022
Procedural Posture
Application for Summary Assessment of Enforcement Officer Fees and Costs / Judgment on Application Notice
Outcome
Application partially granted; summary assessment of fees and costs made subject to exclusion of partnership property; exceptional disbursements allowed with creditor consent; factual issues reserved.
Legal Topics
Enforcement of Judgment Debts, Taking Control of Goods, Partnership Property, Court Fees and Disbursements, Exceptional Disbursements, Procedural Management
Civil Procedure Enforcement Law Partnership Law Enforcement of Judgment Debts Taking Control of Goods Partnership Property Court Fees and Disbursements Exceptional Disbursements +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Claire Louise Sandbrook

Applicant

Marcus Herring

First Respondent

Christopher Mark Herring

Second Respondent

Procedural Posture

Application for Summary Assessment of Enforcement Officer Fees and Costs / Judgment on Application Notice

Legal Issues

  1. 1 Whether High Court Enforcement Officer is entitled to recover fees and costs from proceeds of seized assets
  2. 2 Whether seizure and sale of partnership property under writ of control was lawful
  3. 3 Whether Section 23 of the Partnership Act 1890 prohibits enforcement against partnership property for a partner's separate judgment debt

Ratio Decidendi

Section 23 of the Partnership Act 1890 applies and prohibits enforcement against partnership property for a partner's separate judgment debt. The High Court Enforcement Officer is entitled to recover fees and charges only in relation to assets lawfully seized and sold, excluding partnership property unless a proper charging order is obtained. Exceptional disbursements are recoverable with creditor consent and court order. The officer acted under a valid writ and is immune from liability unless the writ is set aside or varied. The court will not determine factual issues regarding asset ownership or losses at this stage.

Court Disposition

Application partially granted; summary assessment of fees and costs made subject to exclusion of partnership property; exceptional disbursements allowed with creditor consent; factual issues reserved.

Orders

  • High Court Enforcement Officer may recover fees and charges from proceeds of assets lawfully seized and sold, excluding partnership property unless a charging order is obtained.
  • Exceptional disbursements approved as necessary for effective enforcement with creditor consent.