Hameed v Qayyum & Anor, Court of Appeal - Chancery Division, July 25, 2008, [2008] EWHC 2274 (Ch)

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Hameed v Qayyum & Anor, Court of Appeal - Chancery Division, July 25, 2008, [2008] EWHC 2274 (Ch)

Neutral Citation Number: [2008] EWHC 2274 (Ch)

Case No: HC07C03144

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: Friday, 25th July 2008

Before:

HIS HONOUR JUDGE PURLE QC

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Between:

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MR JONATHAN RUSSEN (instructed by Messrs Brown Cooper Monier-Williams)

for the Claimant.

MR C.R. SEMKEN (instructed by Messrs Dean & Dean) for the Second Defendant.

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JudgmentHIS HONOUR JUDGE PURLE QC:

1. This case concerns a flat at No. 105 Dorset House, Gloucester Place, London NW1. The defendants (Mr and Mrs Qayyum) are the registered proprietors. The claimant (Mr Hameed) applies for an order for the sale of, and a declaration as to the defendants' beneficial interests in, that flat (which I shall call "the Property").

2. There are two charging orders which the claimant has obtained. The first is dated 1st February 2006 against the interest of the first defendant, Mr Qayyum, and the amount due thereunder is in the order of £260,000 plus interest. It might be thought that the fact of a charging order against his interest presupposed that he did have an interest. The claimant's case is that he had a 50% interest. However, it is Mrs Qayyum's case that the first defendant had no interest and it is not disputed that she is entitled to take that point on this application.

3. The second charging order is dated 23rd August 2007. That is against the interest of the second defendant, Mrs Qayyum for a much smaller amount.

4. In addition, the Property is charged to Nationwide Building Society to secure the principal sum of £200,000. That charge ranks ahead of the charging orders. The Property itself is worth around £450,000 - maybe a bit more - but no more than £500,000 at the outside.

5. Mr Qayyum was made bankrupt ...

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