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England and Wales decisions
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56 Fellows Road Ltd v ABC Block Management Ltd [2026] EWCA Civ 401 (31 March 2026)
The Court of Appeal held that a director’s card payment to enforcement agents was made personally, not for the company, so the judgment debt remained unpaid.
Fletcher & Anor v Desai [2026] EWHC 728 (Ch) (27 March 2026)
The High Court held that Mrs Desai could not use sections 339 or 423 of the Insolvency Act 1986 to revive charging orders against property vested in trustees in bankruptcy.
The High Court refused to vary a bankruptcy order to preserve Mrs Desai’s charging orders, holding that section 339 and section 423 relief cannot breach pari passu distribution.
Soprim Construction SARL v The Republic of Djibouti [2026] EWHC 418 (Comm) (27 February 2026)
The High Court held that DP World Djibouti FZCO was not a defendant for CPR 25.26 purposes, so it could not seek security for costs against Soprim.
The court found that the express declaration of trust in the TR1 form was conclusive and had not been varied or superseded by proprietary estoppel. The evidence of a clear, unambiguous promise and detrimental reliance by Mrs Crabb was insufficient. The interests of the judgment creditors (the Applicants) must be considered and prevail. Accordingly, the interim charging order was made final and Mrs Crabb’s ToLATA claim was dismissed.
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The High Court found no genuine £1.6m debt to Linkserve, set aside the related Nigerian registration and charging orders, and kept the financial remedy case moving.
Awolowo v Awolowo & Anor [2025] EWHC 3346 (Fam) (18 December 2025)
The High Court held that a claimed £1.6m debt to Linkserve was not proved, and set aside the Nigerian judgment registration, charging order, and charge over the former matrimonial home.
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.
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The Secretary of State for Work and Pensions v LR & Anor [2025] EWFC 271 (B) (13 August 2025)
The Family Court set aside a property transfer from a liable parent to his civil partner after finding it was made to avoid child maintenance enforcement.
Ms Haynes failed to establish any beneficial interest in the Property by express trust, constructive trust, or proprietary estoppel. Mr Austin had no chargeable beneficial interest at the time of the charging orders. HIA is bound by the Consent Order to allow Ms Haynes and the children to remain in occupation until a new home is provided, and is not entitled to possession or damages for trespass.
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