A strong result at Romford County Court, where WYN Legal represented their clients on an application to make an interim charging order final in respect of long‑outstanding litigation costs.
Despite sustained opposition from the defendants – including arguments around historic instalment arrangements, interest, and alleged overpayment – the Court:
- Confirmed there was no abuse of process, despite a previous interim application.
- Rejected attempts to reopen or undermine the costs order.
- Affirmed that statutory interest was mandatory and not discretionary.
- Accepted that assurances of future payment are not a reason to refuse security.
- Made the charging order final, protecting our client’s position ahead of the sale of property
Where a late dispute was raised over a small payment discrepancy, the Court took a pragmatic approach, ensuring fairness without undermining the judgment itself or the creditor’s security.
The Judge expressly noted that our clients should not be kept from their money, particularly where a valid judgment has remained unpaid for several years.
- Final charging order granted.
- Judgment debt secured against the property.
- Fixed costs awarded
This case highlights the importance of procedural discipline, clear evidence, and robust advocacy, particularly where debtors seek to delay enforcement while benefiting from asset realisation.
This case highlights the importance of procedural discipline, clear evidence, and robust advocacy, particularly where debtors seek to delay enforcement while benefiting from asset realisation.
Binal Shah, Senior Associate at WYN Legal said
“This was a solid and sensible outcome for our clients. The court recognised the need to protect a long‑standing judgment and took a practical approach to the issues raised.”
If you are dealing with charging orders, judgment enforcement, or contested costs, WYN Legal would be pleased to assist.
