Englefield & Anor v Steinberg [2005] EWHC 943 (Ch) (27th april 2005)

Englefield & Anor v Steinberg [2005] EWHC 943 (Ch) (27th april 2005)

The defendant's illness does not provide sufficient grounds to delay enforcement of the charging order or sale of the property, especially given the lack of substantive evidence or appeal, the interests of other parties, and the declining market. A short adjournment is granted only to allow the defendant to make a supported application, failing which the stay will be lifted.

Citation
[2005] EWHC 943 (Ch)
Parties
Claimant: Pritchard Englefield; Claimant: Michael Leslie Cohn; Defendant: Jonathan Roger Steinberg
Jurisdiction
England and Wales
Procedural Posture
Application to Enforce Charging Order / Post Judgment Enforcement
Outcome
Order for enforcement of charging order and sale of property, with a 21-day stay on exchange of contracts to allow defendant to apply to set aside the order.
Legal Topics
Charging Order, Enforcement of Judgment, Sale of Property, Adjournment Due to Illness
Property Law Civil Procedure Charging Order Enforcement of Judgment Sale of Property Adjournment Due to Illness

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Parties

Pritchard Englefield

Claimant

Michael Leslie Cohn

Claimant

Jonathan Roger Steinberg

Defendant

Procedural Posture

Application to Enforce Charging Order / Post Judgment Enforcement

Legal Issues

  1. 1 Whether the charging order over the reversionary interest should be enforced and the property sold
  2. 2 Whether the defendant's illness justifies an adjournment or prevents enforcement

Ratio Decidendi

The defendant's illness does not provide sufficient grounds to delay enforcement of the charging order or sale of the property, especially given the lack of substantive evidence or appeal, the interests of other parties, and the declining market. A short adjournment is granted only to allow the defendant to make a supported application, failing which the stay will be lifted.

Court Disposition

Order for enforcement of charging order and sale of property, with a 21-day stay on exchange of contracts to allow defendant to apply to set aside the order.

Orders

  • Stay on exchange of contract for sale for 21 days unless defendant issues and serves an application with evidence to set aside the order within that period.
  • Liberty to claimants to apply for early determination if such application is made.