Q&As

What options does a judgment creditor with the benefit of a final charging order have (if any) to set aside/challenge a variation of the debtor’s beneficial interest in a jointly-owned property? The debtor’s beneficial interest was reduced by varying the terms of the trust from a 50/50 share to zero five years previously.

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 09 March 2021
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A charging order is a mechanism by which a judgment creditor can obtain security over the interest of a judgment debtor in property. A charge imposed by a charging order takes effect as an Equitable charge (section 3(4) of the Charging Orders Act 1979) and can be imposed over the legal estate or, where the property is the subject of a Trust of Land (ie where it is owned by the judgment debtor and another, or is held in trust for the judgment debtor by a third party), over the beneficial interest of the judgment debtor. In respect of the former, the charge can be protected by a notice on the title (section 32 of the Land Registration Act 2002 (LRA 2002)),

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Set aside definition
What does Set aside mean?

Cancelling a judgment or order or a step taken by a party in the proceedings.

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