Welfare of child

Wells v Pickering (Ch D TLR 4 June)

The chancery master had enforced a charging order over the property in which the defendant and her three children lived. RSC Order 88, rule 5A(2)(f) provides that the witness statement in support of a claim to enforce a charging order by sale of the property has, where the claimant claimed possession, to give particulars of every person who is, to the knowledge of the claimant, in possession of the property charged. The defendant contended that in the exercise of his discretion the master had erred in not giving greater weight to the interests of the children. Her appeal was dismissed. The fact that there was no specific provision in the rule protecting the interests of children led to the conclusion that the ordinary rule prevailed. That result was consistent with the policy that creditors were entitled to be paid debts due to them.