The following Property Disputes Q&A Produced in partnership with Alex Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:
Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132, Pt 73 makes provision for a judgment creditor to obtain a charging order over a judgment debtor’s property. A charging order will initially be an interim charging order (CPR 73.4 and CPR 73.6). Thereafter, the court can make a final charging order (CPR 73.10 and CPR 73.10A).
If a final charging order has been made and the judgment creditor wishes to satisfy the debt owed to them by way of selling the property, they must obtain an order for sale. The court has the power to order that the subject property be sold pursuant to CPR 73.10C. An application for an order for sale is made using the Part 8 procedure (CPR 73.10C(4)).
A charging order is, however, subject to any prior mortgages and charges over the subject property, hence the importance for a judgment creditor to know the value of any prior charges over the property before deciding whether it is worth their while in ob
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