Appeal overturns well charging order due to insufficient consideration of evidence

Court of Appeal sets aside a well charging order made by the High Court, which had determined that the first respondent held an interest in an Irish property, enabling his brother to charge the property for a debt owed; on the grounds that the trial judge did not fully consider the affidavit evidence presented by David's wife, nor did it take into account relevant supporting documents; additionally, the court acknowledges that the European Enforcement Order Certificate, central to the enforcement of the English judgment in Ireland, would likely be set aside if challenged in the issuing state; and consequently, the appeal is allowed, the well charging order and associated costs order are set aside, and the matter is remitted to the High Court for a plenary hearing.