Q&As

Can you still register an interim charging order (ICO) at HM Land Registry if, after obtaining the ICO, the debtor applies to set aside the judgment such that the charging order hearing is vacated and execution stayed until determination of the application to set aside judgment has been determined?

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Published on LexisPSL on 15/06/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can you still register an interim charging order (ICO) at HM Land Registry if, after obtaining the ICO, the debtor applies to set aside the judgment such that the charging order hearing is vacated and execution stayed until determination of the application to set aside judgment has been determined?
  • Charging orders—Background
  • Interim charging orders
  • Registering interim charging orders
  • Setting aside charging order
  • Staying execution

Can you still register an interim charging order (ICO) at HM Land Registry if, after obtaining the ICO, the debtor applies to set aside the judgment such that the charging order hearing is vacated and execution stayed until determination of the application to set aside judgment has been determined?

Charging orders—Background

With effect from 6 April 2016 the procedure for seeking an interim and final charging order has changed, with amendment being made to CPR 73 and CPR PD 73 accordingly. The provisions of the Charging Orders Act 1979 (COA 1979) remain unchanged.

A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it. The debt may be satisfied at a later date by applying for an order for sale of the charged asset under CPR 73.10C (see Practice Note: Order for sale—how to enforce a charging order). The order for sale crystallises enabling the judgment creditor to sell the asset, repay all mortgagees and chargees in priority and repay the debt owed to the judgment creditor.

A judgment creditor can apply for a charging order over land.

Obtaining a charging order is a two-step process (the regime for making charging orders is found in CPR 73 and CPR PD 73, with reference to the COA 1979):

  1. interim charging orders—these are sought first. They give notice to the relevant parties that the

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