The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.
It sets out the procedure in force prior to 6 April 2016 for obtaining a charging order, both on an interim and final basis. It also covers registering the interim and final charges before enforcement by way of an order for sale.
For guidance on the procedure in force as from 6 April 2016 and the transitional provisions, see Practice Note: Charging orders—what are they and when to use them—CPR 73 and related content.
As seen in our Practice Note: Pre-6 April 2016—charging orders—what are they and when to use them [Archived], obtaining a charging order crystallises a debt against the debtor’s asset and protects it until such time as an order for sale of the asset can be obtained and the creditor realise the debt.
For guidance on orders for sale, see our Practice Note: Order for sale—how to enforce a charging order.
Obtaining a charging order is a two step process. First an interim charging order is obtained and registered, pending a court hearing at which the court will decide whether to discharge the interim order or make a final charging order (which is then registered prior to the seeking of an order for sale).
This Practice Note refers to the following legislation:
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