Order for sale—how to enforce a charging order

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Order for sale—how to enforce a charging order
  • Why seek an order for sale to enforce a charging order?
  • Who can apply to enforce a charging order by sale?
  • Where do I apply for an order for sale to enforce a charging order?
  • What approach will the court take when determining an application for an order for sale?
  • What evidence will I need to support a claim for an order for sale to enforce a charging order?
  • Limitation bars to obtaining an order for sale
  • Contents of the order for sale

Order for sale—how to enforce a charging order

This Practice Note considers how to apply for an order for sale to enforce a charging order pursuant to CPR 73.10C.

The rules were amended with effect from 6 April 2016. However, it is suggested that where you are applying for an order for sale to enforce a charging order which was made prior to 6 April 2016 you should still follow the regime set out in the (amended) CPR 73, see Practice Note: Charging orders—what are they and when to use them—CPR 73—Charging orders—the changes in force as from 6 April 2016.

For guidance on how to obtain a charging order, see Practice Note: Charging orders—how and where to apply and related content.

Why seek an order for sale to enforce a charging order?

A charging order only secures the judgment debt, it does not satisfy it. If the debtor does not satisfy the judgment or order, the creditor can enforce the charge by seeking an order for sale of the charged asset. CPR 73.10C provides that a person who has obtained a charging order over an interest in property can make a claim on that interest and the court may order the sale of the property to enforce the charging order.

It is not always that easy to obtain an order for sale to enforce a charging order and sometimes

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