Charging orders

by Practical Law Dispute Resolution

Maintained | England, Wales

A Practice Note providing a guide to charging orders and their effectiveness as a method for enforcing a money judgment in England and Wales. This Practice Note outlines the three-stage process of obtaining an interim charging order, a final charging order, and a subsequent order for sale to achieve the realisation of funds. It details the practical and procedural steps for judgment creditors seeking to secure a judgment debt by imposing a charge over a debtor's beneficial interest in assets such as land, securities, and funds in court. The guidance covers key considerations under the Charging Orders Act 1979 (COA 1979) and CPR 73, including the application process and requirements for serving and registering an order to protect its priority. Furthermore, this Practice Note explores the effects of a debtor's potential insolvency, including the impact of bankruptcy, administration, or liquidation on the enforcement process, and addresses the court's discretion when considering objections to a final order.

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