Vantage Mezzanine Fund II P & Ors v Patrick Bitature & Anor

Vantage Mezzanine Fund II P & Ors v Patrick Bitature & Anor

The court, having considered all relevant circumstances including the interests of other creditors, the existence of tenancy, the defendants' connection to the property, and the quantum of debts, found no undue prejudice to other creditors and no compelling reason to refuse final charging orders. The claimants are entitled to security over the property for enforcement of judgment debts. Permission to appeal was refused as no real prospect of success or compelling reason was demonstrated.

Parties
Claimant: Vantage Mezzanine Fund II P & Ors; Defendant: Patrick Bitature; Defendant: Carol Nzaro Bitature
Jurisdiction
England and Wales
Judgment Date
26 November 2025
Procedural Posture
Charging Order Application / Final Determination and Permission to Appeal
Outcome
Final charging orders granted; permission to appeal refused.
Legal Topics
Charging Orders, Judgment Enforcement, Discretionary Remedies, Priority of Creditors
Civil Procedure Enforcement of Judgments Charging Orders Judgment Enforcement Discretionary Remedies Priority of Creditors

Case Brief

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Parties

Vantage Mezzanine Fund II P & Ors

Claimant

Patrick Bitature

Defendant

Carol Nzaro Bitature

Defendant

Procedural Posture

Charging Order Application / Final Determination and Permission to Appeal

Legal Issues

  1. 1 Whether to make interim charging orders final over defendants' leasehold property
  2. 2 Whether other creditors would be unduly prejudiced by the charging order
  3. 3 Whether the existence of tenancy, freezing order, or other assets should affect the grant of a final charging order

Ratio Decidendi

The court, having considered all relevant circumstances including the interests of other creditors, the existence of tenancy, the defendants' connection to the property, and the quantum of debts, found no undue prejudice to other creditors and no compelling reason to refuse final charging orders. The claimants are entitled to security over the property for enforcement of judgment debts. Permission to appeal was refused as no real prospect of success or compelling reason was demonstrated.

Court Disposition

Final charging orders granted; permission to appeal refused.

Orders

  • Final charging orders over Flat 16 Templar Court, 43 St John’s Wood, NW8 8QJ, London, title NGL758403, in favour of claimants for judgment debts against defendants.
  • Permission to appeal refused; order to record right to apply to appropriate appeal court as per CPR 40.2.