The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out the procedure in relation to obtaining interim and final charging orders pursuant to CPR 73 and CPR PD 73 when the County Court Money Claims Centre (CCMCC) procedure applies.
Before reading this Practice Note you should first read our Practice Note: Charging orders—how and where to apply for guidance on how and where to make the application for a charging order and the distinction between the CCMCC charging order cases and non-CCMCC charging order cases.
This Practice Note explains what happens in a CCMCC charging order case once the application has been received by the court and the initial court considerations have been completed.
It applies to all CCMCC charging order cases, which is any application for a charging order being made in the County Court and which does not concern charging an interest over a fund in court (and provided that the matter has not been transferred to the judgment debtor's home court, under CPR 73.4(6)).
Under CPR 73.4(2) an application for a charging order made to the CCMCC will initially be dealt with without a hearing.
Under CPR 73.4(3) provided that the application for the charging order is only to charge the judgment debtor's interest in land and that
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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