A copy of the consent order as below.
Claim No. BL-***
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
BUSINESS LIST (ChD)
MASTER TEVERSON
8 DECEMBER 2020
BETWEEN: -
(1) REDACTED
(2) REDACTED
(3) REDACTED
(4) REDACTED
(by way of an assignment dated 27 March 2020
by the Joint Administrators of FundingSecure Ltd)
Claimants
- and -
MR Art Loan Borrower
Defendant
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CONSENT ORDER
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UPON the Claimants’ application by Application Notice dated 28 October 2020 for an Interim Charging Order in the amount of £3,685,801.81 together with any further interest and costs over the Defendant’s beneficial interest in the *Family's Art Business Executive Pension Scheme (the “Application” and the “Asset”)
AND UPON the Order of Deputy Master Lloyd charging the Asset with payment of £3,685,801.81 together with any further interest and costs (the “Interim Charging Order”) subject to a further hearing to determine whether to continue or discharge the Interim Charging Order with a return date of 10 December 2020 (the “Application Date”)
AND UPON the application of the Defendant and the Trustees of the Asset (the “Trustees”) made by Application Notice dated 24 November 2020 (the Set-Aside Application) seeking
(i) an adjournment of the hearing of the Application;
(ii) the joinder of the Trustees to the proceedings;
(iii) permission to file and serve supplementary evidence in support of the Set- Aside Application;
(iv) an order setting aside the Interim Charging Order; and
(v) an order setting aside the summary judgment in these proceedings dated 29 January 2019
AND UPON the Defendant’s and Trustees’ request to adjourn the Application Date by letter from their jointly instructed solicitors, *Solicitors, dated 24 November 2020 and the Claimants’ agreement to that request
AND UPON the Defendant’s intention not to pursue part of the Set-Aside Application in relation to setting aside the summary judgment dated 29 January 2019 as communicated by a letter
from *Solicitors dated 1 December 2020
AND BY CONSENT between the Claimants and the Defendant and the Trustees, and otherwise and so far as necessary by the court’s motion
IT IS ORDERED THAT:
The Set-Aside Application
1. The Defendant’s application seeking to set aside the judgment dated 29 January 2019 is dismissed on the basis that there be no order as to costs.
Adjournment
2. The Application Date be adjourned to the first available date after 5 April 2021 with a time estimate of one day to hear the Application and the balance of the Set-Aside Application together (the “Return Date”).
DirectionsADR3. The parties shall attempt to resolve the matter by ADR, in the form of a without prejudice meeting, with such meeting to take place no later than 29 January 2021.
4. Any party not engaging in any such ADR must serve a witness statement giving reasons by no later than 5 February 2021.
Witness Evidence in the Application and the Set-Aside Application
5. The Defendant and the Trustees shall file and serve on the Claimants, the witness statements of evidence upon which they intend to rely in opposition to the Application and in support of the Set-Aside Application by 4.30pm on 22 February 2021.
6. The Claimants shall file and serve on the Defendant and the Trustees their witness statements of evidence in reply (if so advised) by 4.30pm on 15 March 2021.
Hearing Bundle and Skeleton Arguments
7. No later than 14 clear days before the Return Date, the Claimants shall send to the Defendant and the Trustees their proposed electronic hearing bundle with searchable index and hyperlinks to the documents in the bundle.
8. The Defendant and the Trustees shall amend the proposed index and send electronic copies of any additional documents to be included in the hearing bundle to the Claimants at least 7 clear days before the hearing.
9. Not earlier than 7 clear days or later than 3 clear days before the Return Date, the Claimants shall file with the Court the agreed electronic court bundle for use of the Master and send the agreed electronic court bundle to the Defendant and the Trustees.
10. The parties shall exchange skeleton arguments, lists of authorities and chronologies 5 clear days before the Return Date. Where practicable, the parties shall lodge a single bundle of all parties’ authorities no later than 3 clear days before the Return Date.
Interested Party
11. The Trustees shall be joined as an interested party to these proceedings, to which the above directions shall apply in the same manner in which they do to the Defendant, and be permitted to attend the hearing with their legal representatives and counsel and make appropriate representations.
Service and Costs
12. This order shall be served by the Defendant and the Trustees on the Claimants.
13. Subject to paragraph 1, costs in the case.
Service of the order
The court has provided a sealed copy of this order to the serving party: *Solicitor, the legal representative for the Defendant and the Trustees, an interested party, of *Address (Ref: AB/SVG/PL)