Q&As

A final charging order has been obtained and registered against the debtor’s property. Before applying for an order for sale, is it possible to apply to the court for an order to obtain information regarding the outstanding amount of a prior registered charge in respect of a loan between the debtor and his father, as no details are available on the Land Register and the parties to the loan will not disclose any information?

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Produced in partnership with Alex Campbell of Field Court Chambers
Published on LexisPSL on 04/09/2018

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:

  • A final charging order has been obtained and registered against the debtor’s property. Before applying for an order for sale, is it possible to apply to the court for an order to obtain information regarding the outstanding amount of a prior registered charge in respect of a loan between the debtor and his father, as no details are available on the Land Register and the parties to the loan will not disclose any information?
  • Charging orders
  • Enforcing a charging order
  • Order to obtain information

Charging orders

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).

Enforcing a charging order

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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