Pre-6 April 2016—procedure for obtaining interim and final charging orders
Pre-6 April 2016—procedure for obtaining interim and final charging orders

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

  • Pre-6 April 2016—procedure for obtaining interim and final charging orders
  • What is a charging order for—pre 6 April 2016?
  • Where to apply for an interim charging order—pre 6 April 2016
  • Completing the application notice when applying for a charging order—pre 6 April 2016
  • Court considerations when deciding whether to order an interim charging order—pre 6 April 2016
  • Registering an interim charging order—pre 6 April 2016
  • Serving an interim charging order (general)—pre 6 April 2016
  • Serving an interim charging order on a partnership—pre 6 April 2016
  • The need to apply for the interim charging order to be made a final charging order—pre 6 April 2016
  • Does the judgment debtor need to attend the hearing to make the interim charging order final—pre 6 April 2016?
  • more

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.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.

What is a charging order for—pre 6 April 2016?

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: