UUÂãÁÄÖ±²¥

View the related checklists about Charging order

Procedural guide—applications under the Trusts of Land and Appointment of Trustees Act 1996

Procedural guide—applications under the Trusts of Land and Appointment of Trustees Act 1996 This Procedural Guide sets out the steps to be taken on an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) by a trustee of land, or a beneficiary with an interest in property subject to a trust of land. It includes guidance on the criteria for an application, the pre-action protocol, offers under Part 36 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132, evidence requirements and orders that may be made by the court. An application under TOLATA 1996, s 14 may be made by a trustee of land or a beneficiary with an interest in property subject to a trust of land. Additionally any other person with an interest in such property, such as a mortgage company, has standing to bring a claim. The court has a broad discretionary range of powers to make orders regarding the exercise of the trustees’ functions or to the nature...

View the related flowcharts about Charging order

Charging orders—route map to a final charging order—flowchart

Charging orders—route map to a final charging order—flowchart This Flowchart provides a quick reference guide to the progress of a charging order application from issuing the application up to the making of a final charging order. It covers the procedure for cases in the Civil National Business Centre (CNBC cases) and in other courts (non-CNBC cases). References to an ‘ICO’ are to an interim charging order. For guidance on which applications are CNBC cases and

Charging orders—is this a CNBC or non-CNBC case?—flowchart

Charging orders—is this a CNBC or non-CNBC case?—flowchart This Flowchart provides a quick reference guide for determining whether an application for a charging order is one which should

View the related practice notes about Charging order

Charging orders—hearing to determine whether to make an interim charging order final

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 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—procedureThis 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,...

Charging orders—how and where to apply

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 formThis 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 assets where the judgment debtor is a...

View the related precedents about Charging order

Witness statement opposing an application for security for costs

Witness statement opposing an application for security for costs Filed on behalf of the Claimant Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST between: [insert name]        Claimant and [insert name]        Defendant _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the claimant _______________________________________ I, [Insert full name of witness] of [insert address] Will say as follows: 1 I am [set out position of witness and involvement in the proceedings]. I am duly...

Contract for sale (residential)—sale by chargee in exercise of an order for sale following a charging order

Contract for sale (residential)—sale by chargee in exercise of an order for sale following a charging order date [date] Parties 1 [name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] ([together] Seller); 2 [name of (first) Buyer] [and [name of second Buyer] both] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] ([together] Buyer). 1 Definitions In this Agreement the following definitions apply: Actual Completion • the date on which the Transfer is actually completed, and references in the Standard Conditions to ‘actual completion’ must be read accordingly; Buyer’s Solicitors • [name] of [address] reference [details]; [Charge[s] • the charge[s] appearing at entry [number] [and [number]] on the charges register of title number [title number] at [date of official copy entries];] [Chattels • the items listed in Schedule 1;] [Chattels Price • £[amount];] Completion...

View the related q&as about Charging order

When registering a restriction (in respect of both an interim and final charging order), what wording should be used where the property is jointly owned and the charging order is against one owner only?

When registering a restriction (in respect of both an interim and final charging order), what wording should be used where the property is jointly owned and the charging order is against one owner only? Charging order over land Where there are joint owners of property the land will always be held under a trust of land and the proprietors, as trustees, may also be the beneficiaries. A charging order against a beneficial interest under a trust of land can be protected only by the entry of a restriction due to the provisions of section 33(a)(i) of the Land Registration Act 2002 (LRA 2002). Much therefore depends on whether the interest to be charged is the sole legal interest, or the sole or joint beneficial interest, and this will have an impact upon the effect of the charging order with regard to any potential sale of the property. See Practice Note: Charging orders over land—registration issues under the heading Charging orders over land—registration issues—Protecting the order. See also...

A judgment debtor sells a property that was subject to an interim charging order. The interim charging order was protected by a Form K restriction at HM Land Registry and the buyer’s solicitor complied with the terms of the restriction by giving notice to the judgment creditor. What remedies are available to a judgment creditor?

A judgment debtor sells a property that was subject to an interim charging order. The interim charging order was protected by a Form K restriction at HM Land Registry and the buyer’s solicitor complied with the terms of the restriction by giving notice to the judgment creditor. What remedies are available to a judgment creditor? Pursuant to section 3(4) of the Charging Orders Act 1979, a charging order ‘shall have the like effect and shall be enforceable in the same courts and in the same manner as an equitable charge created by the debtor by writing under his hand’. Thus, a charging order provides in effect that an unpaid judgment creditor is afforded the status of an equitable charge holder and is afforded some security for the unpaid debt. That being said, judgment creditors are often surprised by the limited protection actually afforded to a charge holder who has entered a standard form restriction on the debtor’s property. In this scenario, you mention that the charge was registered...

View the related News about Charging order

Property weekly highlights—29 May 2025

This week's edition of Property weekly highlights includes: cases on the Contracts (Rights of Third Parties) Act 1999, equitable accounting by a mortgagee, modification of restrictive covenants, tenants’ insurance payments and exemption from business rates, a consultation and a working paper on planning reforms to boost housing delivery, consultations on biodiversity and updated guidance on higher-risk buildings.

Property Disputes weekly highlights—29 May 2025

This week's edition of Property Disputes weekly highlights includes: High Court decisions that a landlord is not entitled to recover insurance rent corresponding to commission rebates, mortgage rights in the context of the doctrine of marshalling in a sale of land dispute, granting an injunction renewal against unauthorised encampments, granting injunctive relief to restrain unlawful protests and guidance on third party rights in the context of section 1 of the Contracts (Rights of Third Parties) Act 1999. It also includes a Court of Appeal judgment concerning the scope of an agricultural exemption from business rates for buildings used for packaging eggs, and an Upper Tribunal decision concerning modification of a restrictive covenant.