Q&As

When can you obtain a charging order to secure a costs judgment? Can you seek to enforce a debt by way of simultaneously seeking a charging order and issuing a statutory demand and will any security be given up in the event of bankruptcy?

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Published on LexisPSL on 24/08/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • When can you obtain a charging order to secure a costs judgment? Can you seek to enforce a debt by way of simultaneously seeking a charging order and issuing a statutory demand and will any security be given up in the event of bankruptcy?
  • Obtaining a charging order to secure a costs judgment
  • Enforcing a debt
  • Charging order
  • Statutory demand
  • Security given in the event of bankruptcy

When can you obtain a charging order to secure a costs judgment? Can you seek to enforce a debt by way of simultaneously seeking a charging order and issuing a statutory demand and will any security be given up in the event of bankruptcy?

In answering this Q&A, it is assumed that reference is being made to the recovery of a debt from an individual rather than a corporate entity.

Obtaining a charging order to secure a costs judgment

A judgment or order for costs can be treated the same as a money judgment with regards to enforcement. We refer you to the Q&A: Can I obtain a charging order to secure a costs judgment? What is the process and is permission to issue a charging order application required?, which addressed a similar question and may help you in your research.

For further guidance generally on costs orders, interest and enforcement, see Practice Note: Cost orders—interest, payment and enforcement and Q&A: How do I enforce a High Court Costs Order?

Enforcing a debt

When seeking the most appropriate method to enforce a debt, it is important to consider the specific circumstances of the judgment debtor as well as the level of the debt owed. Practice Note: Successful enforcement—knowing your defendant highlights the need to correctly identify and know your defendant prior to issuing proceedings with the aim of improving your

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