Q&As

If an interim charging order has not been registered at HMLR and the final order has been obtained, is it still necessary to register the interim one? Or can just the final one be registered?

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Produced in partnership with David Nicholls of Landmark Chambers
Published on LexisPSL on 21/10/2020

The following Property Disputes Q&A produced in partnership with David Nicholls of Landmark Chambers provides comprehensive and up to date legal information covering:

  • If an interim charging order has not been registered at HMLR and the final order has been obtained, is it still necessary to register the interim one? Or can just the final one be registered?

If an interim charging order has not been registered at HMLR and the final order has been obtained, is it still necessary to register the interim one? Or can just the final one be registered?

A charging order is a way of enforcing a money judgment. The Charging Orders Act 1979 provides that a charging order may be made as a means of enforcing a judgment under which a debtor is required to pay money to a creditor. The charging order may be imposed on specified property of the debtor to secure payment of the money due. Where a charging order is made over land, the judgment creditor gains security for the debt equivalent to a mortgage. However, the charging order is subject to any prior mortgages and charges. In order to obtain payment of the debt, it is usually necessary to apply for an order for sale.

An application for a charging order is made in accordance with CPR 73. The procedure requires the judgment creditor to apply without notice, usually to the County Court Money Claims Centre. The application is dealt with initially without a hearing. Unless one of several specified exceptions applies, the court officer will make an interim charging order, imposing a charge over the judgment debtor’s interest in the asset to which the application relates. It should be noted that the

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