How to Get a Charging Order - A Practical Guide
- Podcast Location:
- Download it here [file size: 33.9 MB]
- Categories:
-
Remedies & Enforcement
- CPD Points:
- Up to 1 point. details »
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- 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
- 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).
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
