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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.
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