Kamlesh Patel & Ors v Isabelle Michelle Paule Awan & Anor

Kamlesh Patel & Ors v Isabelle Michelle Paule Awan & Anor

An interim payment on account of costs is a final, enforceable money judgment due on the date specified in the order. The claimants are entitled to enforce the charging order and seek an order for sale. Discretionary factors raised by the defendants do not outweigh the claimants' right to enforce, but a three-month period for payment or possession is allowed to balance the parties' interests.

Parties
Claimant: Kamlesh Patel; Claimant: Parul Patel; Claimant: Habilis Care Homes Limited; Claimant: Habilis Operations Limited; Defendant: Isabelle Michelle Paule Awan; Defendant: Sarfarz Alam Awan
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Part 8 Claim for Order for Sale / Judgment on Application for Order for Sale
Outcome
Order for sale granted, with three-month period for payment or possession from 7 February 2024.
Legal Topics
Enforcement of Interim Costs Orders, Charging Orders, Order for Sale, Detailed Assessment of Costs, Human Rights (article 8)
Civil Procedure Property Law Costs Enforcement of Interim Costs Orders Charging Orders Order for Sale Detailed Assessment of Costs Human Rights (article 8)

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Parties

Kamlesh Patel

Claimant

Parul Patel

Claimant

Habilis Care Homes Limited

Claimant

Habilis Operations Limited

Claimant

Isabelle Michelle Paule Awan

Defendant

Sarfarz Alam Awan

Defendant

Procedural Posture

Part 8 Claim for Order for Sale / Judgment on Application for Order for Sale

Legal Issues

  1. 1 Whether an interim payment on account of costs is enforceable by charging order and order for sale
  2. 2 Whether the court should exercise its discretion to order sale of the property

Ratio Decidendi

An interim payment on account of costs is a final, enforceable money judgment due on the date specified in the order. The claimants are entitled to enforce the charging order and seek an order for sale. Discretionary factors raised by the defendants do not outweigh the claimants' right to enforce, but a three-month period for payment or possession is allowed to balance the parties' interests.

Court Disposition

Order for sale granted, with three-month period for payment or possession from 7 February 2024.

Orders

  • Order for sale of 10 The Glebe, Clapham, Bedford, MK41 6GA unless sums due are paid or possession given within three months from 7 February 2024.
  • Parties to agree form of order substantially in the form of Appendix A to CPR PD 73/Chancery Forms CH36/37.