Q&As

Where an interim charging order has been made, and the defendant has served submissions that do not mention the final charging order, and which do not relate to it, but instead try to argue that the underlying debt is not owed, is this sufficient to amount to an ‘objection’ or ‘objections’ pursuant to CPR 73.10A(2)? If it is not, is it open to the claimant to request that the final charging order proceed without a hearing, and what is the procedure for such a request?

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Published on LexisPSL on 23/09/2019

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

  • Where an interim charging order has been made, and the defendant has served submissions that do not mention the final charging order, and which do not relate to it, but instead try to argue that the underlying debt is not owed, is this sufficient to amount to an ‘objection’ or ‘objections’ pursuant to CPR 73.10A(2)? If it is not, is it open to the claimant to request that the final charging order proceed without a hearing, and what is the procedure for such a request?

Where an interim charging order has been made, and the defendant has served submissions that do not mention the final charging order, and which do not relate to it, but instead try to argue that the underlying debt is not owed, is this sufficient to amount to an ‘objection’ or ‘objections’ pursuant to CPR 73.10A(2)? If it is not, is it open to the claimant to request that the final charging order proceed without a hearing, and what is the procedure for such a request?

A charging order is a means of securing a judgment debt. Therefore, if a charging order has been made, the court will have already determined the issue of whether or not the debt was due. An attempt by the judgment debtor to re-open that decision would be by way of an appeal against the judgment (if permission to appeal were given).

Where an interim charging order has been made, the court retains a discretion whether to make the final order. For further detail as to how the courts have exercised this discretion, see Practice Note: Charging orders—hearing to determine

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