Russell-Cooke's Francesca Kaye and Michael Colledge recently acted for the respondents in an application relating to the discharge of a final charging order over the applicant's English property.  The application involved multi-jurisdictional issues and potential allegations of breach of trust. 

The final charging order had arisen following the applicant's non-payment of a costs order in a previous application in which proceedings were stayed pending an arbitration in Denmark. The Danish Court of Arbitration subsequently made findings which dismissed the applicant's claims against the clients.  Notwithstanding a lack of evidence in respect of the Danish Arbitration award, the applicant sought to have the final charging order dismissed on the basis that the payment of costs should be treated as having been made.  The court found that payment of the costs order had not in fact been made and as a consequence the final charging order would not be discharged.

This matter was reported in both Lawtel and PLC web services and the full text of the judgment is available here: