A charging lien is a lawyer’s right to be paid legal costs out of money or property recovered for a client in litigation, usually in priority to the client and most other creditors. It attaches to the fruits of the solicitor’s or barrister’s work, rather than to the client’s general assets.In England and Wales and Northern Ireland, the charging lien of solicitors is largely a creature of common law and equity, clarified in case law, and now supplemented by statute (for example, section 73 of the Solicitors Act 1974). It typically arises where the solicitor has conducted contentious business resulting in a judgment, settlement or fund, and there is an express or implied agreement for fees. Courts can declare and enforce the lien over the recoveries.In Ireland, a similar common law solicitor’s lien exists, recognised and developed in case law, with the court able to protect the solicitor’s interest in settlement proceeds or damages.In Scotland, practitioners more commonly refer to a “solicitor’s lien” or “retaining lien”; charging-type liens are more limited and closely tied to the particular fund or property in question.

Introduction One of the most important components for ensuring a successful relationship between a customer and supplier in an outsourcing transaction is to determine the appropriate charging model to apply to the scope and structure of the transaction. The charging model creates the financial parameters for how and when a supplier is paid as well as establishing for the customer the overall financial profile of the deal for budgetary purposes. Initial considerations When setting up a pricing methodology for an outsourcing transaction, the customer will need to consider whether it intends to buy ‘efforts’ or ‘results’ from its chosen supplier. Once that course is determined, the appropriate charging model can be structured to account for the intended outcome that the customer is seeking. If a customer is outsourcing multiple discrete functions within its business, the customer may require both cost certainty (ie results) and flexibility (ie effort), each applied separately to different portions of the services. Because of this, many charging models

An order whereby a judgment is enforced by securing the judgment debt with a charge on any land or other real property, or securities, owned by the judgment debtor.

Arbitration analysis: the court granted an arbitral award creditor a final charging order over bank accounts belonging to a joint venture company, despite opposition from the company and one of the shareholders, on the basis that the administrator had agreed to hold the monies for the Republic of Djibouti. Produced in partnership with Jennifer Haywood of Serle Court.

Restructuring & Insolvency analysis: Deputy Insolvency and Companies Court Judge Frith has made final an interim charging order in respect of the joint matrimonial home of Mr Crabb, a judgment debtor following a successful fraudulent trading claim and his wife. Mrs Crabb sought unsuccessfully to invoke trust and proprietary estoppel arguments in support of the proposition that she held the sole beneficial interest in the property over which the charging order had been made. Written by Phillip Patterson, barrister, Gatehouse Chambers.

This Practice Note sets out the requirements to enforce an order made in family proceedings by way of a charging order as provided for by the Charging Orders Act 1979 (COA 1979). It includes details of debts that can be enforced, assets that can be charged and enforcement by sale. It also sets out the procedure to be adopted in accordance with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 40, together with FPR 2010, PD 40A. A charging order is an order enabling the payment of a judgment debt to be secured by imposing a charge against certain types of the debtor’s capital assets. The effect is to provide security for the debt, rather than to enforce it. A creditor is defined as 'the person to whom payment of a sum of money is due under a judgment or order, or a person who is entitled to enforce such judgment or order' (which includes a court officer able to take enforcement proceedings by virtue of FPR 2010, SI 2010/2955, 32.33). A debtor is defined as 'the person

A judgment creditor may apply to court for a charging order to secure their debt if the judgment debtor has assets that can be charged (CPR 73). After securing a judgment by way of a charging order, a judgment creditor may apply to court for an order for sale to seek to recover the sums due under the judgment. This Practice Note outlines some of the main issues to consider when deciding whether or not to pursue this method of judgment enforcement. For guidance on charging orders more generally and the procedure to obtain one, see Practice Notes: • Charging orders—what are they and when to use them—CPR 73 • Charging orders—how and where to apply • Charging orders—procedure For guidance on orders for sale, see Practice Note: Order for sale—how to enforce a charging order. For a summary of the key features of other enforcement methods and when they may be appropriate, see Practice Notes: Which enforcement of judgment method should I choose? and Successful enforcement—knowing

Introduction A charging order over land must be protected by registration at every stage of the process of obtaining the order so as to secure its priority over competing interests and, in particular, to ensure that the order is not void as against a purchaser for value. However, the correct form of protection (and, in one instance, the availability of any protection at all) varies depending upon the type of interest in land that is being charged. For the purposes of registration, the key distinction is whether the charging order affects the legal estate or a beneficial interest under a trust of land. The significance of this distinction is discussed in Protecting the charging order below. Protecting an application for a charging order Registered land The Land Registration Act 2002 (LRA 2002) defines a pending land action by reference to its meaning under section 17 of the Land Charges Act 1972 (LCA 1972), ie ‘any action or proceeding pending in court relating to land or any interest in or charge on land’. If the application for

Family analysis: On the wife’s application to make an interim charging order final, the court made the order final but between doing so and sealing the order, the judge concluded that there were three aspects of his decision that needed to be elaborated on further, which were whether the court had power to make a charging order on the application of one of the parties to financial remedy proceedings to secure a debt owed to a third party (namely the parties’ daughter), whether interest had accrued on the unpaid periodical payments and whether the fixed costs regime in the Civil Procedure Rules 1998 (CPR) at CPR Part 45 in relation to the making of a final charging applied in this case. The decision has implications regarding who can apply for a charging order for a debt owed to a third party under a financial remedy order and for the recovery of costs when enforcing a financial remedy order by way of legal charge. Lottie Tyler, legal director at Weightmans LLP, considers the issues.

This Practice Note sets out when there will be a hearing to decide whether an interim charging order (ICO) should be made final, matters to be considered in preparation for the hearing, who can raise objections at the hearing, the orders the court can make and the matters which will be taken into account. It also addresses interest and costs on final charging orders, serving the order after the hearing and registration of the final charging order. For further guidance on charging orders and the relevant procedure, see the following Practice Notes: • Charging orders—what are they and when to use them—CPR 73 • Charging orders—how and where to apply • Charging orders—procedure This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further in the section: Court specific guidance below. When will there be a hearing to determine whether to

NOTE: with effect from 14 August 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) are renamed as the Civil National Business Centre (CNBC)—see: LNB News 14/08/2023 12—CCMCC issues name and performance update. This Practice Note sets out how to apply for a charging order pursuant to CPR 73 and CPR PD 73. It sets out how to make an application, in terms of: • which form to use and how to complete it, and • where to send your completed application form This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below. This Practice Note is of relevance whether you are making an application for a charging order via the Civil National Business Centre (CNBC) or in a non-CNBC case. Note that there are special provisions in respect of charging orders over partnership

This Flowchart provides a quick reference guide for to determine whether an application for a charging order should