Q&As

Can a charging order be extended to cover an additional debt which is not the subject of a court judgment?

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Produced in partnership with Phil Roberts of Clarke Willmott
Published on: 20 September 2018
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The Charging Orders Act 1979 (COA 1979) specifically relates to the Enforcement of a judgment or order of the court.

COA 1979, s 1 states that the court may make an order imposing a charge on property of the debtor, securing payment of Money due, or to become due under a judgment or

Phil Roberts
Phil Roberts

Clarke Willmott

Phil began his career in debt recovery over 20 years ago and went on to join national law firm Clarke Willmott LLP in 2004. He is now a partner in the firm and jointly leads the firm's Debt Recovery team. The team is one of the largest in the UK, and its client base includes government departments, local authorities, utility companies, insurance companies, commercial businesses and FCA regulated companies.

Phil leads on all complex cases and technical queries and manages a personal caseload of bespoke, complex recovery actions. He has particular expertise in insolvency action (defended and undefended), all forms of debt litigation (volume, defended and undefended), enforcement, judicial review, complex orders for sale and leasehold recoveries.

The Debt Recovery team is ranked in tier 1 by the Legal 500 and Phil has been recognised by clients previously in the directory for providing 'proactive recovery solutions', being 'calm and reassuring' and being 'Diligent and conscientious'.

Phil is recognised as an expert in the field of debt recovery litigation and is regularly invited to speak at conferences and other events.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Charging order definition
What does Charging order mean?

An order whereby a judgment is enforced by securing the judgment debt with a charge on any land or other real property, or securities, owned by the judgment debtor.

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