Charging orders
Produced in partnership with David Salter of Deputy High Court judge and Recorder

The following Family practice note produced in partnership with David Salter of Deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Charging orders
  • Debts capable of enforcement by charging order
  • Assets that can be charged
  • Jurisdiction
  • Procedure
  • Making the application
  • Registering the interim charging order
  • Interim charging orders—service
  • Final charging order
  • Enforcement of a charging order by sale

Charging orders

A charging order is an order enabling the payment of a judgment debt to be secured by imposing a charge against certain types of the debtor’s capital assets. The effect is to provide security for the debt, rather than to enforce it. A creditor is defined as 'the person to whom payment of a sum of money is due under a judgment or order, or a person who is entitled to enforce such judgment or order' (which includes a court officer able to take enforcement proceedings by virtue of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 32.33). A debtor is defined as 'the person against whom a judgment or other order for payment of a sum of money was given, made or ordered'. The primary legislation applicable is the Charging Orders Act 1979 (COA 1979).

For practical guidance on charging orders in relation to securities, see Practice Note: Securities—charging orders, stop orders and stop notices.

Changes to forms on an application for a charging order came into effect on 6 April 2017. Form N379 (application for a charging order on land) was replaced by Form FE6. Form N380 (application for a charging order on securities) was replaced by Form FE7,see Practice Note: Securities—charging orders, stop orders and stop notices.

The Family Procedure (Amendment) Rules 2016, SI 2016/355 made amendments to FPR 2010 that, inter

Popular documents