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Execution – Charging order. The claimant issued CPR Pt 8 proceedings to enforce a charging order. The defendant produced a declaration of trust, which recited that the lease of the property in question had been granted to her in her capacity as a trustee. Other evidence produced included a transcript of a 1996 judgment in respect of other proceedings brought against the defendant. The master was not persuaded as to the authenticity of the declaration of trust and made an order enforcing the final charging order. The defendant appealed. The Chancery Division, in allowing the appeal, held that the master was bound to address what the district judge, in the 1996 judgment, had said about the material before him, even if the master had not had a copy of that material.
Execution – Charging order. The claimant issued CPR Pt 8 proceedings to enforce a charging order. The defendant produced a declaration of trust, which recited that the lease of the property in question had been granted to her in her capacity as a trustee. Other evidence produced included a transcript of a 1996 judgment in respect of other proceedings brought against the defendant. The master was not persuaded as to the authenticity of the declaration of trust and made an order enforcing the final charging order. The defendant appealed. The Chancery Division, in allowing the appeal, held that the master was bound to address what the district judge, in the 1996 judgment, had said about the material before him, even if the master had not had a copy of that material.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
