The following Property guidance note provides comprehensive and up to date legal information covering:
This Practice Note sets out the circumstances in which a charging order over property may be obtained under the Charging Orders Act 1979 (COA 1979) and CPR 73, the procedure for obtaining an interim charging order or final charging order, and the effect of insolvency of the debtor.
The process of obtaining a charging order is primarily governed by:
A charge may be imposed by a charging order only on:
any interest held by the debtor beneficially:
in land, or
under any trust, or
any interest held by a person as a trustee of a trust in land where:
the judgment or order in respect of which a charge is to be imposed was made against that person as trustee of the trust, or
the whole beneficial interest under the trust is held by the debtor unencumbered and for his own benefit, or
there are two or more debtors, all of whom are liable to the creditor for the same debt, and they together hold the whole beneficial interest under the trust unencumbered and for their own benefit
Land in this context is widely defined to include buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land.
In Walton v
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