Legal News

Oral evidence not heard, final charging orders set aside (Care London v Nationwide)

Published on: 27 January 2016
Published by: LexisPSL
  • Oral evidence not heard, final charging orders set aside (Care London v Nationwide)
  • Practical implications
  • How did the challenge to the making of the final charging orders arise?
  • Why did the judge set aside the final charging orders?
  • Court details

Article summary

Dispute Resolution analysis: The High Court has set aside final charging orders ordered by Master Fontaine on the basis of her failure to hear oral evidence from the judgment debtor and another party who had filed witness statements asserting that the judgment debtor held no interest in the charged properties, claiming they were sold before the registration of the interim charging orders. This failure was a breach of natural justice and thus the case would be remitted for a fresh hearing. or take a trial to read the full analysis.

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