Podcast Location:
Download it here [file size: 33.9 MB]
Categories:
Remedies & Enforcement
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to familiarise practitioners with the procedure for obtaining a charging order to enforce judgment. It will examine the merits of seeking a charging order, their scope, what documentation has to be filed and served and the three stages a judgment creditor must pass through to obtain satisfaction.

Outcomes:
After completing the course you will:
  • Understand how a charging order works;
  • Understand the stages in the application process to obtain a cash sum;
  • Know what assets a charging order can apply to;
  • Know the procedure to obtain an interim charging order;
  • Know the procedure to obtain a final charging order;
  • Know which court to issue in and which documentation to include in the application;
  • Know the procedure to obtain an order for sale;
  • Understand the considerations the court will make in granting any order.
Level:
Beginner Difficulty: 1 of 5
Classification:
Practical Guide
Procedural
Sources and References:
  • Charging Orders Act 1979 s1;
  • Limitation Act 1980 s24, 20;
  • Land Charges Act 1972;
  • Insolvency Act 1986 s346;
  • County Courts Act 1984 s23;
  • Family Law Act 1996 s31;
  • CPR Part 73 (Charging Orders, Stop Orders & Stop Notices);
  • CPR Part 71 (Orders to Obtain Information From Judgment Debtors);
  • CPR Part 45 (Fixed Costs);
  • CPR Part 8 (Alternative Procedure for Claims);
  • Roberts Petroleum Ltd v Bernard Kenny [1983] 2 AC 192;
  • Harman v Glencross [1986] Fam 81;
  • Mercantile Credit Co Limited v Ellis v Huxtable (1987) The Times, 1 April;
  • Investments SA v The Official Receiver (unreported, 11 November 2008);
  • Ezekiel v Orakpo [1997] 1 WLR 340;
  • Lowsley v Forbes [1999] AC 329;
  • National Westminster Bank Plc v King [2008] EWHC 280;
  • Packman Lucas Ltd v Mentmore Towers Ltd and Charles Street Holdings Ltd [2010] EWHC 1037 (TCC);
  • Harlow and Milner Ltd v Teesdale (No 3) [2006] EWHC 1708 (TCC);
  • Sucden Financial Limited v Fluxo-Cane Overseas Limited [2009] EWHC 3555 (QB).
Tags:

This podcast is a practical guide for how to obtain a charging order against a judgment debtor in default; it will cover issues of procedure and what practitioners should keep in mind to be successful.

Podcast added: 12/07/10

Podcast last reviewed: 2011-05-31

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