Harlow & Milner Ltd v Teasdale

Harlow & Milner Ltd v Teasdale

The defendant's arguments lack merit; the court has power to abridge time for service; no evidence of prejudice; the interim charging order should be made final to uphold the adjudication process and proper administration of justice.

Parties
Claimant: Harlow & Milner Ltd; Defendant: Teasdale
Jurisdiction
England and Wales
Judgment Date
15 March 2006
Procedural Posture
Application / Final Charging Order Hearing
Outcome
Interim charging order made final
Legal Topics
Charging Orders, Adjudication Enforcement, Abridgement of Time
Civil Procedure Construction Law Charging Orders Adjudication Enforcement Abridgement of Time

Case Brief

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Parties

Harlow & Milner Ltd

Claimant

Teasdale

Defendant

Procedural Posture

Application / Final Charging Order Hearing

Legal Issues

  1. 1 Whether the interim charging order should be made final
  2. 2 Whether the period of notice under CPR 73.5 can be abridged
  3. 3 Whether ongoing arbitration justifies suspension of enforcement

Ratio Decidendi

The defendant's arguments lack merit; the court has power to abridge time for service; no evidence of prejudice; the interim charging order should be made final to uphold the adjudication process and proper administration of justice.

Court Disposition

Interim charging order made final

Orders

  • The interim charging order dated 20 February, as amended and returned to the claimant’s solicitors on 23 February, is made final.