Claire Louise Sandbrook (in her capacity as High Court Enforcement Officer) v Marcus Herring & Anor

Claire Louise Sandbrook (in her capacity as High Court Enforcement Officer) v Marcus Herring & Anor

Section 23 of the Partnership Act 1890 is in point and applies to the writ of control; the High Court enforcement officer's entitlement to recover fees and costs from partnership property is not determined at this stage; Majera principle does not provide a complete defence to the respondent's objections; further proceedings are required for the respondent to advance claims regarding breach or consequences of section 23.

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 / Summary Assessment of Enforcement Officer Fees and Costs
Outcome
Section 23 applies; application for summary assessment of fees and costs not fully determined; respondent directed to advance claims within specified period.
Legal Topics
Enforcement of Judgment Debts, Partnership Property, Court Fees and Disbursements, Charging Orders, Auction Sale Proceeds
Civil Procedure Partnership Law Enforcement Law Enforcement of Judgment Debts Partnership Property Court Fees and Disbursements Charging Orders Auction Sale Proceeds

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Parties

Claire Louise Sandbrook

Applicant

Marcus Herring

First Respondent

Christopher Mark Herring

Second Respondent

Procedural Posture

Application / Summary Assessment of Enforcement Officer Fees and Costs

Legal Issues

  1. 1 Whether section 23 of the Partnership Act 1890 prohibits enforcement against partnership property for a partner's separate judgment debt
  2. 2 Whether the High Court enforcement officer is entitled to recover fees and costs from proceeds of seized assets
  3. 3 Whether certain disbursements qualify as exceptional under the Taking Control of Goods (Fees) Regulations 2014

Ratio Decidendi

Section 23 of the Partnership Act 1890 is in point and applies to the writ of control; the High Court enforcement officer's entitlement to recover fees and costs from partnership property is not determined at this stage; Majera principle does not provide a complete defence to the respondent's objections; further proceedings are required for the respondent to advance claims regarding breach or consequences of section 23.

Court Disposition

Section 23 applies; application for summary assessment of fees and costs not fully determined; respondent directed to advance claims within specified period.

Orders

  • Respondent (Marcus Herring) to bring relevant claims regarding section 23 and fees within a specified period by appropriate originating process.
  • Case to be case-managed holistically after respondent's claims are advanced.