The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out how to apply for a charging order pursuant to CPR 73 and CPR PD 73.
It sets out how to make an application, in terms of:
which form to use and how to complete it, and
where to send your completed application form
This Practice Note is of relevance whether you are making an application for a charging order via the County Court Money Claims Centre (CCMCC) or in a non-CCMCC case.
Note: you should read this Practice Note before following the guidance in one of the following two Practice Notes:
Charging orders—procedure in the County Court Money Claims Centre (CCMCC cases)
Charging orders—procedure in non-CCMCC cases
For an overview of the entire process of applying for a charging order, see: Flowchart—Charging order application—High Court and other non-County Court Money Claim Centre and Flowchart—Charging order application—County Court Money Claim Centre.
The process for applying for a charging order distinguishes between applications for charging orders which are required to be made in the CCMCC and those which may be applied for in 'other venues':
CCMCC charging order cases—if you are applying for a charging order in respect of a County Court judgment or order then your application is a charging order CCMCC case unless the application is for a charging order over
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
0330 161 1234
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