Charging orders

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Charging orders content

Q&As
What is the interest and costs position of enforcing a charging order by an order for sale, where the court has postponed this until after the...
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18th Aug
Q&As
When registering a restriction (in respect of both an interim and final charging order), what wording should be used where the property is jointly...
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18th Aug
Q&As
If there is a final charging order against both joint owners of a property and one transfers their interest to the other through a divorce proceeding,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As
How should a charging order obtained against co-judgment debtors over their co-owned land be registered against their title, in respect of which there...
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18th Aug
Q&As
Can the court make a charging order over property in respect of which the debtor has a beneficial interest, before the grant of probate? For the...
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18th Aug
Q&As
When can you obtain a charging order to secure a costs judgment? Can you seek to enforce a debt by way of simultaneously seeking a charging order and...
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18th Aug
Q&As
Do you include in the claim form the non-debtor joint owner when issuing a Part 8 claim for an order for sale against a judgment debtor?Note: for...
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18th Aug
Q&As
Is there a minimum amount that must be owed to a judgment creditor to enable them to apply for a charging order?A charging order is an indirect method...
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18th Aug
Q&As
Can you obtain a charging order over property held on trust where the judgment debtor is a one of multiple beneficiaries under the trust and also one...
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18th Aug
Q&As
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...
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18th Aug
Q&As
In which court do I apply for a charging order to secure a Companies Court judgment?Is the judgment a High Court or County Court judgment?The...
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18th Aug
Q&As
Can and should you register a charging order (following County Court Judgment) against a company at Companies House?The registration regime for...
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18th Aug
Q&As
Is an interim charging order an 'enforcement action'?While it may depend on the context, it is likely that the obtaining of a charging order (and...
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Produced in partnership with David Willink of Lamb Chambers 18th Aug

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