Adrian Davies High Court Judgment

22/11/2024

How much protection (if any) does a Form K restriction give a judgment creditor whose charging order attaches only to the husband’s beneficial interest in the family home?  Can a solicitor deal with the proceeds of sale on the instructions of husband and wife in such a way as to render the security effectively worthless?

Mr Justice Thompsell’s judgment on appeal from Master McQuail in Dattani v. Ferns [2024] EWHC 2980 (Ch) does not give a final answer but casts some light on this fraught question.

Adrian Davies of 3DJB, instructed by Richard Sims of Amphlett Lissimore, represented the creditors on their partially successful appeal against strike-out of their claim.

 

https://becivil.co.uk/case-notes/dattani-and-patel-vs-ferns-solicitors-2024-ewhc-2980-ch-/

 

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