Vantage Mezzanine Fund II P & Ors v Bitature & Anor [2024] EWHC 3117 (Comm) (04 November 2024)

Vantage Mezzanine Fund II P & Ors v Bitature & Anor [2024] EWHC 3117 (Comm) (04 November 2024)

The court, exercising its discretion under the Charging Orders Act 1979, found that the claimants are entitled to final charging orders over the defendants' leasehold property. The existence of other creditors, the tenancy, and the defendants' connections to the property did not amount to undue prejudice or outweigh the claimants' right to security for substantial judgment debts. The arguments raised by the defendants were either unsupported by evidence or more appropriately considered at the enforcement stage. Permission to appeal was refused as there was no real prospect of success or compelling reason.

Citation
[2024] EWHC 3117 (Comm)
Parties
Claimant: Vantage Mezzanine Fund II P & Ors; Defendant: Patrick Bitature; Defendant: Carol Nzaro Bitature
Jurisdiction
England and Wales
Judgment Date
04 November 2024
Procedural Posture
Application for Final Charging Order / Judgment on Application for Final Charging Order and Application for Permission to Appeal
Outcome
Final charging orders granted; permission to appeal refused.
Legal Topics
Charging Orders, Enforcement of Arbitration Awards, Discretion Under Charging Orders Act 1979, Priority of Creditors, Freezing Injunctions
Civil Procedure Enforcement of Judgments Charging Orders Enforcement of Arbitration Awards Discretion Under Charging Orders Act 1979 Priority of Creditors Freezing Injunctions

Case Brief

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Parties

Vantage Mezzanine Fund II P & Ors

Claimant

Patrick Bitature

Defendant

Carol Nzaro Bitature

Defendant

Procedural Posture

Application for Final Charging Order / Judgment on Application for Final Charging Order and Application for Permission to Appeal

Legal Issues

  1. 1 Whether final charging orders should be made over the defendants' leasehold property to secure judgment debts arising from an arbitration award
  2. 2 Whether the interests of other creditors or the existence of a tenancy justify refusing or delaying the charging orders
  3. 3 Whether the court should grant permission to appeal the making of the final charging orders

Ratio Decidendi

The court, exercising its discretion under the Charging Orders Act 1979, found that the claimants are entitled to final charging orders over the defendants' leasehold property. The existence of other creditors, the tenancy, and the defendants' connections to the property did not amount to undue prejudice or outweigh the claimants' right to security for substantial judgment debts. The arguments raised by the defendants were either unsupported by evidence or more appropriately considered at the enforcement stage. Permission to appeal was refused as there was no real prospect of success or compelling reason.

Court Disposition

Final charging orders granted; permission to appeal refused.

Orders

  • Final charging orders made over the defendants' leasehold interests in Flat 16 Templar Court, 43 St John's Wood, NW8 8QJ, London, title number NGL758403.
  • Permission to appeal refused; order to record right to apply to the appropriate appeal court.