Charging order Definition

GLOSSARY

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What does Charging order mean?

An order whereby a judgment is enforced by securing the judgment debt with a charge on any land or other real property, or securities, owned by the judgment debtor.

Charging orders are governed by the Charging Orders Act 1979. While not in itself resulting in immediate payment of the judgment debt, such an order secures the judgment creditor's interest. It also gives rise to a right to apply for an order for the sale of the secured property. The procedure for obtaining charging orders are governed by CPR Rule 73 Section I.

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Procedural guide—applications under the Trusts of Land and Appointment of Trustees Act 1996

Procedural guide—applications under the Trusts of Land and Appointment of Trustees Act 1996 An application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) may be made by a trustee of land or a beneficiary with an interest in property subject to a trust of land. Additionally any other person with an interest in such property, such as a mortgage company, has standing to bring a claim. The court has a broad discretionary range of powers to make orders regarding the exercise of the trustees’ functions or to the nature and extent of beneficiaries’ interests, including a sale or postponement of sale. Beneficial interests are determined and declared under established principles of trusts law. The relevant rules are the Civil Procedure Rules 1998, SI 1998/3132. Criteria The relevant legislative provisions are set out in the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and the Civil Procedure Rules 1998 (CPR), SI 1998/3132. TOLATA 1996 Civil Procedure Rules...

Guide to the destination of the Insolvency Rules 1986, SI 1986/1925 in the Insolvency (England and Wales) Rules 2016, SI 2016/1024 [Archived]

Guide to the destination of the Insolvency Rules 1986, SI 1986/1925 in the Insolvency (England and Wales) Rules 2016, SI 2016/1024 [Archived] This Checklist has been archived and is not maintained. This destination table, predominantly based on the version originally produced and published by the Insolvency Service on its website, indicates the destination of provisions in the Insolvency Rules 1986, SI 1986/1925 (IR 1986) in the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016). The IR 2016 broadly derive from the IR 1986. However there is rarely an exact match as the structure of the IR 2016 is different, the language has been modernised and there have been significant changes, in particular as a result of amendments to the primary legislation made by the Enterprise and Regulatory Reform Act 2013 (ERRA 2013), the Deregulation Act 2015 (DA 2015), and the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015). Furthermore the information requirements previously contained in prescribed forms have now been imported into the relevant rule as specified content. Finally...

Flowchart—Charging orders—route map to a final charging order

Flowchart—Charging orders—route map to a final charging order This Flowchart provides a quick reference guide to the progress of a charging order application from issuing the application up to the making of a final charging order. It covers the procedure for cases in the Civil National Business Centre (CNBC cases) and in other courts (non-CNBC cases). References to an ‘ICO’ are to an interim charging order. For guidance on which applications are CNBC cases and

Flowchart—Charging orders—is this a CNBC or non-CNBC case?

Flowchart—Charging orders—is this a CNBC or non-CNBC case? This Flowchart provides a quick reference guide for determining whether an application for a charging order is one which should

Charging orders—hearing to determine whether to make an interim charging order final

NOTE: with effect from 14 August 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) are renamed as the Civil National Business Centre (CNBC)—see: LNB News 14/08/2023 12—CCMCC issues name and performance update.This Practice Note sets out when there will be a hearing to decide whether an interim charging order (ICO) should be made final, matters to be considered in preparation for the hearing, who can raise objections at the hearing, the orders the court can make and the matters which will be taken into account. It also addresses interest and costs on final charging orders, serving the order after the hearing and registration of the final charging order.For further guidance on charging orders and the relevant procedure, see the following Practice Notes:•Charging orders—what are they and when to use them—CPR 73•Charging orders—how and where to apply•Charging orders—procedureThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding,...

Charging orders—how and where to apply

NOTE: with effect from 14 August 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) are renamed as the Civil National Business Centre (CNBC)—see: LNB News 14/08/2023 12—CCMCC issues name and performance update.This Practice Note sets out how to apply for a charging order pursuant to CPR 73 and CPR PD 73.It sets out how to make an application, in terms of:•which form to use and how to complete it, and•where to send your completed application formThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below.This Practice Note is of relevance whether you are making an application for a charging order via the Civil National Business Centre (CNBC) or in a non-CNBC case.Note that there are special provisions in respect of charging orders over partnership assets where the judgment debtor is a...

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Letter—to successful client enclosing tribunal’s written reasons

Letter—to successful client enclosing tribunal’s written reasons [Insert name and address of client] Private and confidential Dear [insert name] [Insert name] Employment tribunal claim Outcome of claim I can confirm that I have now received a copy of the tribunal judgment and written reasons in this matter. I am pleased to inform you that [your claim has been successful OR the claimant’s claim has been dismissed]. [ [ For successful respondent: ]Therefore, unless there is a reconsideration of the judgment or the claimant appeals the judgment (see below), the litigation related to this claim will come to an end and no remedy will be awarded to the claimant.] [ [ For successful claimant on liability only judgment: ]As your claim has been successful, we now need to determine the remedy to which you are entitled[, including the amount of financial compensation you are due AND/OR what declarations are appropriate for the tribunal to make AND/OR what recommendations the tribunal should make]. The remedy may...

Contract for sale (residential)—sale by chargee in exercise of an order for sale following a charging order

Contract for sale (residential)—sale by chargee in exercise of an order for sale following a charging order date [date] Parties 1 [name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] ([together] Seller); 2 [name of (first) Buyer] [and [name of second Buyer] both] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] ([together] Buyer). 1 Definitions In this Agreement the following definitions apply: Actual Completion • the date on which the Transfer is actually completed, and references in the Standard Conditions to ‘actual completion’ must be read accordingly; Buyer’s Solicitors • [name] of [address] reference [details]; [Charge[s] • the charge[s] appearing at entry [number] [and [number]] on the charges register of title number [title number] at [date of official copy entries];] [Chattels • the items listed in Schedule 1;] [Chattels Price • £[amount];] Completion...

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What will be the applicable limitation period where a settlement agreement is secured by way of a charging order and the debtor under the agreement subsequently defaults on repayment of the debt, which entitles the creditor to immediate repayment of the whole sum, and the creditor now wishes to enforce their charging order?

What will be the applicable limitation period where a settlement agreement is secured by way of a charging order and the debtor under the agreement subsequently defaults on repayment of the debt, which entitles the creditor to immediate repayment of the whole sum, and the creditor now wishes to enforce their charging order? We have assumed that reference is being made to a charging order. When seeking to enforce the charging order it would have been subject to the previous rules in this area (CPR 73 and CPR PD 73 were amended with the changes coming into force on 6 April 2016). Where such orders charge a beneficial interest under a trust in land, the charge is protected by means of a restriction under the Land Registration Act 2002. We also assume that the charging order was validly obtained. If seeking to apply for an order for sale to enforce a charging order made prior to 6 April 2016 you should still follow the regime set out in the amended...

Can you obtain a charging order where an instalment plan is in place and the judgment debtor has not defaulted on any payments due under it?

Can you obtain a charging order where an instalment plan is in place and the judgment debtor has not defaulted on any payments due under it? Changes to procedure From 6 April 2016, the procedure for seeking an interim and final charging order changed, with amendments made to CPR 73 and CPR PD 73. The provisions of the Charging Orders Act 1979 (COA 1979) remain unchanged. The aim of the changes is to centralise the process for dealing with straightforward charging order applications via issue in the County Court Money Claims Centre (CCMCC), with such applications being dealt with by a court officer and only referred for judicial consideration if requested. Similarly, the requirement for a hearing to determine the making of an interim charging order final is dispensed with in straightforward cases, again, unless requested otherwise. Payments by instalments A judgment debtor may be required to pay monies by instalments under an instalments order. As a result of the changes brought in by the Tribunals, Courts and Enforcement Act...

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