All England Reporter, 2004, October, Society of Lloyd's v Surman and others
Society of Lloyd's v Surman and others
13 OCTOBER 2004
[2004] All ER (D) 157 (Oct)
Execution - Charging order - Enforcement proceedings - Application for stay upon execution of charging order.
The claimant (Lloyd's) obtained final charging orders over a number of properties belonging to the defendants (the applicants) who were all 'Lloyd's Names'. The charging orders were based on judgment debts arising out of the applicants' failure to pay to Lloyd's certain premiums due under an agreement (the Equitas agreement), being payments for which the applicants had been held liable in the course of the Lloyd's litigation. The Equitas agreement provided that each Name was obliged to pay his premium 'free and clear from any set-off, counterclaim or other deduction' and that, in connection with any proceedings brought to enforce the obligation to pay premiums, 'the Name hereby waives any claim to any stay of execution and consents to immediate enforcement of any judgment obtained' (cl 5.5). Lloyd's commenced CPR Pt 8 claims against the applicants for orders for the sale of the properties. The applicants applied for a stay upon the enforcement of the charging orders, alleging, inter alia, that they were parties to an application for permission to amend their counterclaim against Lloyd's in the Lloyd's litigation to raise misfeasance in public office and that it was just and appropriate to stay enforcement of the charging orders pending the outcome of that application.
The issue for determination by the court was whether Lloyd's should be entitled to proceed to enforce its final charging orders by way of orders for sale or whether enforcement should await the outcome of the application to amend.
The application would be dismissed.
Having regard to the merits of the instant case and, in particular, to the applicants' position as balanced against cl 5.5 of the Equitas agreement, there were no grounds on which the court might exercise its discretion to stay the charging orders.

Re Overseas Aviation Engineering (GB) Ltd [1962] 3 All ER 12 considered.
Stephen Robins (instructed by The Society of Lloyd's) for the claimant.
Jeremy Callman (instructed by Grower Freeman) for the defendants.
Victoria Ellis Barrister.

end of selection