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The editor of this section of the site is Nigel Clayton of Kings Chambers, Leeds and Manchester. Nigel also maintains the specialist website dealing with mortgages at www.legalmortgage.co.uk

Charging orders


Midtown Acquisitions LP v Essar Global Fund Ltd
(Unreported QBD 16 January 2018)


In deciding which of two charging order applications to grant first, the court would seek an equitable result having regard to all the circumstances. ‘First past the post’ was not a rule or principle.


Two separate creditors each obtained substantial money judgments against the defendant which they sought to secure by charging orders. C1 obtained an interim charging order six week before C2. They then both applied for final charging orders. C1 claimed that its charging order should rank first on the basis of the ‘first past the post’ principle. C2 claimed they should rank equally.


Which of the two charging order ap ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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