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
To which court do I apply for an order for sale?When do you seek an order for sale?A charging order only secures the judgment debt, it does not...
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1st Aug
Q&As
When the judgment creditor serves an interim charging order and application documents on the judgment debtor as required under CPR 73.7, is it...
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Produced in partnership with Kayleigh Lindford and Philip Roberts of Clarke Willmott 1st Aug
Q&As
When seeking an order for sale, having obtained a final charging order, does one have to comply with pre-action protocol prior to issuing a Part 8...
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1st Aug
Q&As
Can interest be charged on a final charging order where the judgment has been varied to provide for payment by instalments?Interest generally accrues...
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1st Aug
Q&As
Can I obtain a charging order to secure a costs judgment? What is the process and is permission to issue a charging order application required?A...
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1st Aug
Q&As
How do you obtain an order for sale of shares (securities/stock) following the granting of a final charging order?What steps do you need to take to...
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1st Aug
Q&As
Is postal service acceptable when serving an interim charging order on the debtor?Service requirements for interim charging ordersCPR 73 requires the...
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Produced in partnership with James Tunley of Lamb Chambers 1st Aug
Q&As
When can a creditor apply to discharge a charging order?In answering this Q&A, research has been limited to cover charging orders made under CPR 73...
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1st Aug
Q&As
Is there a prescribed form for the statement of debt (including interest and costs) required to accompany the certificate of service of an interim...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 31st Jul
Q&As
When making an application to the court for an interim charging order on land, are the solicitor’s fees fixed? If so, what solicitor’s fees are fixed...
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31st Jul
Q&As
Can you obtain a charging order, and ultimately an order for sale, over a narrow boat which is the judgment debtor’s residence and only asset?This Q&A...
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31st Jul
Q&As
Can you validly serve an interim charging order at the last known address on the court record, even where you know the debtor no longer lives...
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Produced in partnership with James Tunley of Lamb Chambers 31st Jul

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