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 process for applying for an order for sale to enforce a charging order against a defendant who has died?Enforcement where defendant is...
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18th Aug
Q&As
Where an interim charging order was made pre-April 2016 (and a final charging order was never made) what is the effect of the debtor's subsequent...
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Produced in partnership with Karen Chapman of Clarke Willmott 18th Aug
Q&As
Where a debtor holds shares in more than one company what is the process for applying for a charging order over those shares and what fees are...
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18th Aug
Q&As
Is there a time limit on making an application for a charging order? In particular, does section 24 of the Limitation Act 1980 limit the court’s...
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Produced in partnership with Phil Roberts of Clarke Willmott 18th Aug
Q&As
Can you make a single application for a charging order against co-judgment debtors (who also happen to be husband and wife)?For the purposes of this...
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18th Aug
Q&As
Can I obtain multiple charging orders in respect of the same debt?Charging orders and orders for sale—generalObtaining a charging order is only a...
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18th Aug
Q&As
What considerations does the court take into account when ordering the sale over a family home? Does the court treat a family home differently to an...
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Produced in partnership with Kayleigh Lindford of Clarke Willmott 18th Aug
Q&As
Can a charging order be extended to cover an additional debt which is not the subject of a court judgment?The Charging Orders Act 1979 (COA 1979)...
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Produced in partnership with Phil Roberts of Clarke Willmott 18th Aug
Practice notes
Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale...
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18th Aug
Practice notes
What is the effect of interim charging orders?This Practice Note considers the effect of the court making an interim charging order pursuant to the...
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16th Aug
Practice notes
Registration of a charging order over landIntroductionA charging order over land must be protected by registration at every stage of the process of...
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10th Aug
Practice notes
Obtaining a charging order over landThis Practice Note sets out the circumstances in which a charging order over property may be obtained under the...
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10th Aug
Practice notes
Discharging a charging order over landThis Practice Note sets out the procedure for discharging a charging order over property, including the removal...
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9th Aug
Q&As
What remedies are available where a party in occupation of a property fails to comply with the terms of an order for sale?An order for sale is an...
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Produced in partnership with Kevin Leigh of 33 Bedford Row 1st Aug

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