Obtaining an order for sale to enforce a charging order—potential difficulties
Produced in partnership with Frances Coulson of Moon Beever
Obtaining an order for sale to enforce a charging order—potential difficulties

The following Dispute Resolution guidance note Produced in partnership with Frances Coulson of Moon Beever provides comprehensive and up to date legal information covering:

  • Obtaining an order for sale to enforce a charging order—potential difficulties
  • When to apply for an order for sale in respect of a charging order?
  • Potential difficulties that may arise in seeking an order for sale
  • What if there are prior charges over the property of which an order for sale is sought?
  • What if there are joint owners of the property of which an order for sale is sought?
  • What if there are children in the property of which an order for sale is sought?
  • The need to obtain a valuation of the property of which an order for sale is sought?
  • The need to obtain delivery up of the property before the sale can take place
  • Charging orders—the disadvantages
  • Other court considerations when determining whether to make an order for sale
  • more

This Practice Note identifies some of the potential difficulties you may encounter when applying for an order for sale to enforce a charging order which has been obtained to secure your judgment debt.

When to apply for an order for sale in respect of a charging order?

After securing a judgment by way of a charging order (see Practice Note: Charging orders—how and where to apply and related content) a judgment creditor may apply to court for an order for sale to seek to recover the sums due under the judgment.

An application for an order for sale is not an enforcement procedure and therefore the judgment creditor can seek recovery more than six years after the date of judgment. The application is made pursuant to CPR 73.10C and is governed by the procedure detailed in CPR 8.

For further guidance on the procedure for obtaining an order for sale, see Practice Note: Order for sale—how to enforce a charging order.

For an unusual case, see the judgments of the Court of Appeal and subsequently that of Nugee J in Pathania, where charging orders were made final notwithstanding the judgment creditor had been declared bankrupt, since there was no evidence before the Court of Appeal that the trustee in bankruptcy had been appointed until after the charging orders had been made final. The