Kirsten Elaine Mcgowan v Marie Bernadette Potter

Kirsten Elaine Mcgowan v Marie Bernadette Potter

The County Court has jurisdiction to enforce a charging order by sale where the amount owing does not exceed the limit of its equity jurisdiction (£350,000). The ancillary powers under sections 90 and 91 of the Law of Property Act 1925 are subject to the same limit. The order was validly made.

Source-derived case information.

Parties
Claimant: Kirsten Elaine McGowan; Defendant: Marie Bernadette Potter
Jurisdiction
England and Wales
Judgment Date
16 March 2026
Procedural Posture
Part 8 Claim / Judgment on Preliminary Issues
Outcome
Claimant succeeds on preliminary issues; County Court had jurisdiction; Order valid.
Legal Topics
Enforcement of Charging Orders, County Court Jurisdiction, Order for Sale, Ancillary Powers Under Law of Property Act 1925
Property Law Equity Civil Procedure Enforcement of Charging Orders County Court Jurisdiction Order for Sale Ancillary Powers Under Law of Property Act 1925

Source-derived case record

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Parties

Kirsten Elaine McGowan

Claimant

Marie Bernadette Potter

Defendant

Procedural Posture

Part 8 Claim / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the County Court had jurisdiction to make the order for sale under section 23(c) of the County Courts Act 1984 and sections 90 and 91 of the Law of Property Act 1925
  2. 2 Whether the order is void or voidable if made without jurisdiction

Ratio Decidendi

The County Court has jurisdiction to enforce a charging order by sale where the amount owing does not exceed the limit of its equity jurisdiction (£350,000). The ancillary powers under sections 90 and 91 of the Law of Property Act 1925 are subject to the same limit. The order was validly made.

Court Disposition

Claimant succeeds on preliminary issues; County Court had jurisdiction; Order valid.

Orders

  • Declaration that the County Court had jurisdiction to enforce the charging order by sale up to £350,000.
  • Order for sale remains valid.