David Raymond Brierley v Frank Otuo & Ors
[2023] EWHC 919 (Ch)
Kamlesh Patel & Ors v Isabelle Michelle Paule Awan & Anor
7 March 2024
[2024] EWHC 464 (Ch)
High Court
A couple owed money from a previous court case and didn't pay. The other side got a court order to sell their house to get the money. The judge said they had to pay or let the other side sell the house within three months, even though they said they couldn't afford it.
Key Facts
- •Claimants (Patels) sought an order for sale of a property owned by the first defendant (Mrs. Awan) to satisfy a charging order.
- •The charging order secured an unpaid interim costs payment of £118,800 from an earlier case (HC-2014-000621).
- •The defendants argued the interim payment wasn't due and the charging order wasn't enforceable.
- •The defendants lacked sufficient evidence to support their arguments, partially due to inconsistent representation.
- •The property is the defendants' home and they raised concerns about their family's circumstances.
Legal Principles
Unrepresented litigants are still expected to comply with court rules.
Barton v Wright Hassall LLP [2018]
An interim payment on account of costs is a final judicial determination of a reasonable sum and is enforceable.
CPR 44.2(8)
Interim payments are enforceable by methods including charging orders, even if a detailed assessment of costs is pending.
Charging Orders Act 1979, CPR 70, PD 70A
The court has discretion to order sale of a property subject to a charging order, balancing the creditor's and debtor's rights.
CPR 73
Outcomes
The court ruled the interim payment was due and enforceable via a charging order.
The interim payment was a final judicial determination, not a contingent liability. The defendants' arguments regarding its enforceability were rejected.
An order for sale was granted.
While the court considered the defendants' family circumstances, the long-standing debt, the deteriorating financial position and lack of credible evidence in favour of the defendants outweighed these concerns. A three-month period was given for payment or surrender of possession.