Peter Carnegie v Charles Giessen & Ors Alan Sutherland Mark Elswood & Ors

Peter Carnegie v Charles Giessen & Ors Alan Sutherland Mark Elswood & Ors

The court has jurisdiction and discretion to make charging orders in the currency of the underlying judgment, and the practice direction is not mandatory; the Master was entitled to refuse retrospective amendment as the applicant acquiesced in the dollar form and only objected when currency fluctuations disadvantaged him.

Parties
Appellant: Peter Carnegie; Respondents: Charles Giessen and Others; Respondent: Alan Sutherland; Respondents: Mark Elswood and Others
Jurisdiction
England and Wales
Judgment Date
01 March 2005
Procedural Posture
Civil Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Charging Orders, Foreign Currency Judgments, Practice Directions, Discretion of Court
Civil Procedure Enforcement of Judgments Charging Orders Foreign Currency Judgments Practice Directions Discretion of Court

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Parties

Peter Carnegie

Appellant

Charles Giessen and Others

Respondents

Alan Sutherland

Respondent

Mark Elswood and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether a charging order enforcing a foreign currency judgment must be expressed in sterling or can be in the foreign currency
  2. 2 Whether the court has discretion to retrospectively amend the currency of a charging order
  3. 3 Whether the practice direction is mandatory or discretionary

Ratio Decidendi

The court has jurisdiction and discretion to make charging orders in the currency of the underlying judgment, and the practice direction is not mandatory; the Master was entitled to refuse retrospective amendment as the applicant acquiesced in the dollar form and only objected when currency fluctuations disadvantaged him.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order as agreed in terms lodged with the court