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England and Wales decisions
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McGowan v Potter [2026] EWHC 595 (Ch) (16 March 2026)
The High Court held that the county court had jurisdiction to enforce a charging order by sale up to the £350,000 equity limit, so the order for sale was valid.
The High Court held that the county court had jurisdiction to enforce a charging order by sale, and that the order was validly made.
The appeal was dismissed because Mr Taylor had not issued a claim to set aside the default judgment for fraud, had not provided a properly particularised case, and the evidence adduced did not demonstrate a strong or credible case of fraud. The court found the allegations of forgery lacked conviction, were inconsistent with earlier positions, and were commercially implausible. The judge's exercise of discretion to refuse a stay was upheld.
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Lindsay v O'Loughnane & Ors [2024] EWHC 2232 (KB) (28 August 2024)
The High Court held that asserted equitable charges over properties did not outrank the claimant’s charging orders and refused payment out to the French Estate and Heaphy.
The High Court held that a possession eviction and later sale of a lease were unlawful enforcement steps taken during a valid mental health crisis moratorium.
Gibbs v Gibbs (Rev 2) [2020] EWHC 2134 (Fam) (05 August 2020)
The High Court found repeated breaches of non-molestation and related orders, rejected the respondent's reasonable-excuse defence, and ordered sale of her property for costs.
Family Division judgment on committal, discharge of a non-molestation order, and sale of property. The court rejected the wife’s reasonable-excuse case.
The High Court dismissed Mrs Rushmer’s appeal against a charging order sale. The court found no basis for further suspension and held the proposed litigation was too speculative.
National Westminster Bank Plc v Rushmer & Anor [2010] EWHC 554 (Ch) (19 March 2010)
The High Court dismissed Mrs Rushmer’s appeal against refusal to further suspend sale of the family home, holding that TOLATA factors and Article 8 were properly balanced.
The High Court enforced a charging order against a jointly owned family home, ordering sale but allowing time for a private treaty sale before possession passed.
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