Q&As

Where a creditor has secured a judgment debt by way of a charging order, under CPR 73, and is subsequently granted an order for sale and delivery up of possession, what procedure would the judgment creditor follow to get possession where the debtor refuses to leave? Would they have to start possession proceedings under CPR 55, or would they just need to apply for a warrant/writ under CPR 83? If no order for delivery up was given, would this make a difference?

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Published on LexisPSL on 20/07/2020

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

  • Where a creditor has secured a judgment debt by way of a charging order, under CPR 73, and is subsequently granted an order for sale and delivery up of possession, what procedure would the judgment creditor follow to get possession where the debtor refuses to leave? Would they have to start possession proceedings under CPR 55, or would they just need to apply for a warrant/writ under CPR 83? If no order for delivery up was given, would this make a difference?

Where a creditor has secured a judgment debt by way of a charging order, under CPR 73, and is subsequently granted an order for sale and delivery up of possession, what procedure would the judgment creditor follow to get possession where the debtor refuses to leave? Would they have to start possession proceedings under CPR 55, or would they just need to apply for a warrant/writ under CPR 83? If no order for delivery up was given, would this make a difference?

Generally, where you have obtained a judgment or order for the giving of possession of

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