Pre-6 April 2016—charging orders—what are they and when to use them [Archived]
Pre-6 April 2016—charging orders—what are they and when to use them [Archived]

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

  • Pre-6 April 2016—charging orders—what are they and when to use them [Archived]
  • Charging orders—pre-6 April 2016
  • What is the jurisdiction for seeking a charging order—pre-6 April 2016?
  • Can you obtain a charging order for default on payments by instalments—pre-6 April 2016?
  • Can you obtain a charging order in respect of an, as yet, unquantified beneficial interest—pre-6 April 2016?
  • What is the court's discretion to make a charging order—pre-6 April 2016?
  • Can you apply to discharge or vary a final charging order—pre-6 April 2016?
  • Can you obtain a charging order in respect of a non-party state entity—pre-6 April 2016?

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.

It considers charging orders under the regime in force prior to 6 April 2016, including what charging orders are, when it may be appropriate to seek to obtain a charging order and the jurisdiction for doing so. If you are considering seeking a charging order on/after 6 April 2016, please see Practice Note: Charging orders—what are they and when to use them—CPR 73 and related content.

For guidance on the procedure for obtaining a charging order (both interim and final), see Practice Note: Pre-6 April 2016—Obtaining interim charging orders and final charging orders—the procedure.

This Practice Note refers to the following legislation:

  1. Charging Orders Act 1979 as COA 1979

  2. Tribunals, Courts and Enforcement Act 2007 as TCEA 2007

  3. Partnership Act 1890 as PA 1890

Charging orders—pre-6 April 2016

A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it. The debt may be satisfied at a later date by applying for an order for sale of the charged asset. The order for sale crystallises enabling the creditor to sell the asset, repay all mortgagees and chargees in priority and repay the debt owed to the creditor. See Practice Note: Order for sale—how to enforce a charging order.

A judgment creditor can apply for a charging