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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 High Court dismissed a cross-appeal over beneficial ownership but reduced the postponement of sale and possession of the home from 2032 to 2027.
Milltom Builders Ltd v Waterfield Developments Blackburn Ltd & Anor [2025] EWHC 2159 (Ch) (18 August 2025)
The High Court refused Milltom’s enforcement application and allowed the administrator to sell the property under paragraph 71, preserving creditor priorities.
Grijns v Grijns & Ors [2025] EWHC 1413 (Ch) (12 June 2025)
The High Court rejected Andrew Grijns’ proprietary estoppel and trespass claims over a Chelsea property, and granted possession, mesne profits, and sale relief.
The High Court rejected Mrs Rahman’s claim to a 50% beneficial interest in three properties and ordered sale to enforce charging orders securing a judgment debt.
Armstrong & Anor v Bhattacharya & Anor [2025] EWHC 597 (Ch) (14 March 2025)
The High Court held the bankrupts wholly owned 100 Redcliffe Gardens, granted possession and sale, and ordered payment of rental income and other retained assets.
The court rejected a claim to rectify a TR1 for a property in Uxbridge and held that the evidence did not displace joint beneficial ownership.
Bhatia v Purkiss & Anor [2025] EWHC 359 (Ch) (26 February 2025)
The High Court refused rectification of a TR1 deed and held that the property was not proven to be solely owned by Suman Bhatia, allowing sale to enforce Deepak Bhatia’s debt.
An interim payment on account of costs is a final, enforceable money judgment due on the date specified in the order. The claimants are entitled to enforce the charging order and seek an order for sale. Discretionary factors raised by the defendants do not outweigh the claimants' right to enforce, but a three-month period for payment or possession is allowed to balance the parties' interests.
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