BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
ON APPEAL FROM THE COUNTY COURT AT CENTRAL LONDON
(District Judge Fine)
Rolls Building, Fetter Lane,
London, EC4A 1NL
B e f o r e :
| PRINCESS FOLAREMI AJONGBOLA
|ISIGUZO EUGENE OCHI
Mr. Robert Brown (instructed by Anthony Gold Solicitors) for the Respondent/Claimant
Hearing date: 21 May 2018
Crown Copyright ©
MR JUSTICE SNOWDEN :
"1. The charge created by the order made on 15 May 2015 shall continue.
2. The interest of the [Defendant] in the [Property] stand charged with payment of the sum of £15,000 the amount now owing under a judgment or order given on 8 April 2015 by the County Court at Central London together with any further interest becoming due and £408 the costs of the application.
3. The costs are to be added to the judgment debt."
"The order as drawn does not include the claimant's costs awarded under the order of 8 April 2015 in the charge. These have been provisionally assessed in the sum of £40,617.26.
We respectfully request that the court exercises its powers under CPR rule 40.12 and amends the order drawn."
"1. The Final Charging Order on all sums due under the order of 8 April 2015 and interest. [sic]
2. The interest of the [Defendant] in the [Property] stand charged with payment of the sum of the amount now owing under a judgment order given on 8 April 2015 by the County Court at Central London together with any further interest becoming due. The Defendant shall pay the Claimant's fixed costs in the sum of £408.
3. The costs are to be added to the judgment debt."
"1. On 15 June 2016 in claim number two LB 02153 in the County Court at Central London the Claimant was granted a final charging order to secure the sums due and interest under the judgment of 7 April 2015 and costs over the [Defendant's] interest in the [Property].
2. No payments have been made by the [Defendant] in respect of the judgment debt and costs and the balance due from the [Defendant] as at 28 April 2017 is £55,997.44 with interest accruing at a daily rate of £10.55.
4. The Claimant seeks an order for sale of the Property in the terms set out in the enclosed draft order.
"The Defendant is currently in the process of completing a re-mortgage of the property and is able to undertake to pay the correct sum charged under the Original Final Charging Order into the court without prejudice to his legal rights in relation to the disrepair claim with respect to which the 8 April 2015 order was made."
"4. I have the note that I made of the order on 15 June 2016. It notes that I heard the solicitor for the claimant and the defendant in person. The court was satisfied as to service and the order made was a final charging order on all sums due under the order of 8 April 2015 and interest. The initial order, as drawn by the court staff and sent to the parties on 18 June 2016, did not reflect the order made in that it referred to the sum of £15,000, which was not the wording of my order. The claimant therefore apparently wrote to the court seeking the wording to be amended to reflect the order made and the order was, accordingly, amended. Today the defendant seeks to vary that order and/or have the order discharged.
5. With regard to the variation of the order, the order as amended under the slip rule reflects correctly the order made. Any variation at this stage would have to be by way of appeal."
The Grounds of Appeal
"1. The learned District Judge had wrongly held that she can lawfully allow the [Claimant], on whose application the charging order had been made, to vary the terms of the charging order subsequent to the interim charging order.
2. The learned District Judge had wrongly held that the [Defendant's] application to vary the terms of the charging order can only be made by way of appeal.
3. The learned District Judge had wrongly ordered the dismissal of the [Claimant's] Part 8 claim during the hearing of the [Defendant's] application since the Part 8 claim was not fixed for hearing on that day"
The relevant law
"(1) Where, under a judgement or order of the [court], a person (the "debtor") is required to pay a sum of money to another person (the "creditor") then, for the purpose of enforcing that judgment or order, the appropriate court may make an order in accordance with the provisions of this Act imposing on any such property of the debtor as may be specified in the order a charge for securing the payment of any money due or to become due under the judgment or order."
"1. The court may at any time correct an accidental slip or omission in a judgment or order.
2. A party may apply for a correction without notice."
"Those cases establish that the slip rule cannot enable the court to have second or additional thoughts. Once the order is drawn up any mistakes must be corrected by an appellate court. However it is possible under the slip rule to amend an order to give effect to the intention of the court."
"Although not limited to errors by the court or court officers, the rule is limited to genuine slips and cannot be used to correct an error of substance nor in an attempt to get the court to add to its original order (e.g. to add a money judgment where none was sought, and none given at the trial)."
No specific authority is cited in the White Book for that sentence, albeit that there is then a lengthy analysis of the authorities more generally.
"the sum of the amount now owing under a judgment or order given on 8 April 2015 together with any further interest becoming due and fixed costs in the sum of £408."