The following Dispute Resolution practice note Produced in partnership with Frances Coulson of Moon Beever provides comprehensive and up to date legal information covering:
This Practice Note has been updated as necessary in light of the amended CPR 73 and CPR PD 73 in force as of 6 April 2016.
A judgment creditor may apply to court for a charging order to secure their debt if the judgment debtor has assets that can be charged (CPR 73). This Practice Note outlines some of the main issues to consider when deciding whether or not to pursue this method of judgment enforcement.
For guidance on charging orders more generally and the procedure to obtain one, see Practice Notes:
Charging orders—what are they and when to use them—CPR 73 in force as of 6 April 2016
Charging orders—how and where to apply
Charging orders—procedure in the County Court Money Claims Centre (CCMCC cases)
Charging orders—procedure in non-CCMCC cases
For a summary of the key features of other enforcement methods and when they may be appropriate, see Practice Notes: Which enforcement of judgment method should I choose? and Successful enforcement—knowing your defendant.
If a judgment creditor is considering applying for a charging order, they must determine whether the judgment debtor owns land or property (or other assets, eg, shares or securities) which can be charged.
A first step would be to carry out searches at the Land Registry against the judgment debtor’s known addresses,
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