Harlow & Milner Ltd v Teasdale

Harlow & Milner Ltd v Teasdale

The court has jurisdiction under CPR 73.10 to make the order for sale as it made the charging order. The ongoing arbitration does not justify refusing or staying the order, as adjudicator's decisions must be enforced without delay or set-off. The properties are investment properties, not the Defendant's home, and...

Source-derived case information.

Parties
Claimant: Harlow & Milner Ltd; Defendant: Mrs Linda Teasdale
Jurisdiction
England and Wales
Judgment Date
07 July 2006
Procedural Posture
Civil (order for Sale/enforcement of Adjudicator's Decision) / Application for Order for Sale Following Final Charging Order
Outcome
Order for sale granted
Legal Topics
Enforcement of Adjudicator's Decision, Order for Sale, Charging Order, Stay of Execution, Discretion of Court
Civil Procedure Construction Law Contract Law Enforcement of Adjudicator's Decision Order for Sale Charging Order Stay of Execution Discretion of Court

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Parties

Harlow & Milner Ltd

Claimant

Mrs Linda Teasdale

Defendant

Procedural Posture

Civil (order for Sale/enforcement of Adjudicator's Decision) / Application for Order for Sale Following Final Charging Order

Legal Issues

  1. 1 Whether the court has jurisdiction to make the order for sale
  2. 2 Whether the Defendant can participate in the hearing despite procedural defaults
  3. 3 Whether the court should exercise its discretion to grant the order for sale

Ratio Decidendi

The court has jurisdiction under CPR 73.10 to make the order for sale as it made the charging order. The ongoing arbitration does not justify refusing or staying the order, as adjudicator's decisions must be enforced without delay or set-off. The properties are investment properties, not the Defendant's home, and the Defendant is in default of a judgment debt. There is no irredeemable prejudice to the Defendant regarding evidence preservation, and no grounds for a stay exist. The order for sale is granted on the terms sought.

Court Disposition

Order for sale granted

Orders

  • Order for sale of the properties unless Defendant pays £108,356.10 plus interest by 21 July 2006 at 4 p.m.
  • Interest to accrue at £22.90 per day until payment