Q&As

CPR 73.10C makes provision in respect of enforcing charging orders by way of an order for sale. Do the provisions of CPR 40 also apply in that context, for example in respect of the power to order up possession of land under CPR 40.17 and regarding applications to court in respect of incumbrances under CPR PD 40D?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 12/10/2020

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • CPR 73.10C makes provision in respect of enforcing charging orders by way of an order for sale. Do the provisions of CPR 40 also apply in that context, for example in respect of the power to order up possession of land under CPR 40.17 and regarding applications to court in respect of incumbrances under CPR PD 40D?

CPR 73 sets out the procedure for the obtaining of a charging order over property or securities to secure a judgment debt. The court will make an interim charging order on paper and will, subject to any objections being upheld, make a final charging order.

Although a charging order provides security for the judgment debt, it does not of itself provide satisfaction to the judgment creditor. CPR 73.10C provides that the court may, upon a claim by a person who has obtained a charging order over an interest in property, order the sale of the property to enforce the charging order. This requires a separate claim using the CPR 8 procedure (as prescribed by CPR 73.10C(4)). CPR PD 73, para 4 gives more details as to the requirements of the claim, and further makes clear that such a claim is a proceeding for the enforcement of

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