Harlow & Milner Ltd v Teasdale [2006] EWHC 535 (TCC) (15 March 2006)

Harlow & Milner Ltd v Teasdale [2006] EWHC 535 (TCC) (15 March 2006)

The Defendant's arguments lack merit; the ongoing arbitration does not justify suspension of enforcement, and the late service caused no prejudice. The court has power to abridge time and the overriding objective requires the Interim Charging Order be made Final.

Citation
[2006] EWHC 535 (TCC)
Parties
Claimant: Harlow & Milner Ltd; Defendant: Teasdale
Jurisdiction
England and Wales
Judgment Date
15 March 2006
Procedural Posture
Application to Make Interim Charging Order Final / Final Hearing
Outcome
Interim Charging Order made Final
Legal Topics
Adjudication Enforcement, Charging Orders, Abridgement of Time, CPR Compliance
Civil Procedure Construction Law Adjudication Enforcement Charging Orders Abridgement of Time CPR Compliance

Case Brief

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Parties

Harlow & Milner Ltd

Claimant

Teasdale

Defendant

Procedural Posture

Application to Make Interim Charging Order Final / Final Hearing

Legal Issues

  1. 1 Whether the Interim Charging Order should be made Final despite late service
  2. 2 Whether ongoing arbitration justifies suspension of enforcement
  3. 3 Whether abridgement of time for service is permissible

Ratio Decidendi

The Defendant's arguments lack merit; the ongoing arbitration does not justify suspension of enforcement, and the late service caused no prejudice. The court has power to abridge time and the overriding objective requires the Interim Charging Order be made Final.

Court Disposition

Interim Charging Order made Final

Orders

  • Interim Charging Order dated 20 February, as amended, is made Final