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Sitting at: IAC Manchester, Piccadilly Exchange, Piccadilly Plaza, Manchester M1 4AH
Snook v London and West Riding Investments Ltd [1967] 2 QB 786 , National Westminster Bank Ltd v Stockman [1981] 1 WLR 67 , First National Securities Ltd v Hegerty [1985] QB 850 , Yorkshire Bank plc v Elliott (2007) REF/2005/0256 , Commercial First Business Ltd v Choudhry (2012) REF/2011/0713-0716 .
These proceedings raise the following dilemma. A judgment debtor owns a beneficial interest in land. Following the judgment, the judgment debtor assigns the beneficial interest to a third party. The judgment creditor applies to the court for a charging order on the judgment debtor�s beneficial interest. The district judge makes an interim and then a final charging order.
The judgement creditor applies to Land Registry to enter a restriction in the proprietorship register of the property in order to protect the charging orders. An objection to the application is made on the basis that when the charging orders were made the judgment debtor no longer had any beneficial interest on which the charging order could bite.
The dispute is referred to the adjudicator. Is the adjudicator bound by the court order and required to direct the registrar to give effect to the application, as one deputy adjudicator has held? [1] Or is the adjudicator bound to determine the question himself and to direct the registrar to reject the application if appropriate, as another deputy adjudicator has held? [2]
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