Charging Orders on Land: Law, Practice and Precedents

'Charging Orders on Land: Law, Practice and Precedents' (first edition published as 'The Law and Practice of Charging Orders on Land') is an authoritative and practical guide to the issues of enforcement of money judgments by obtaining a charging order over the debtor’s property and then an order for sale. Such orders are frequently sought but can give rise to difficult issues, particularly in terms of the exercise of discretion by the courts and in relation to priorities. Not only does the book examine the legal principles, but it explains how to apply for a charging order. It provides practical advice and sets out the relevant procedural steps for each stage of enforcement. Less usual situations, such as sanctions, overseas entities, and tenanted property, are also covered. The second edition deals with the new CPR procedure for obtaining charging orders and provides practitioners with a wide range of useful precedents. This edition also contains a new chapter on insolvency regimes.

Table of Contents:
Foreword to the Second Edition; Foreword to the First Edition; List of Abbreviations; Civil and Family Procedure Rules – Comparison Tables; Table of Cases; Table of Statutes; Table of Statutory Instruments; Table of European Conventions 1 INTRODUCTION Introduction Overview of charging orders Brief history of charging orders 2 CIRCUMSTANCES FOR OBTAINING A CHARGING ORDER Introduction Who can apply for a charging order? Property which may be charged Exercise of the court’s discretion Commercial Rent (Coronavirus) Act 2022 Breathing Space Moratorium and Mental Health Crisis Moratorium 3 PROCEDURE FOR OBTAINING A CHARGING ORDER Procedural framework Application to the court Interim charging order Final charging order Insolvency restrictions Basic procedure tables 4 PRIORITIES AND PROBLEMS Basic rule of priority Types of interest over which a charging order can be made Protection of priority under the Land Registration Act 2002 Charging orders, mortgages and sales Other priority problems 5 DISCHARGE OR VARIATION OF A CHARGING ORDER Introduction Grounds which are open to particular applicants Grounds for discharge Grounds for variation Procedure in the courts The procedure on a reference to the First-tier Tribunal Basic procedure table 6 ENFORCEMENT Introduction Court’s jurisdiction and the appropriate court Orders for sale Appointment of a receiver Limitation 7 OTHER TYPES OF CHARGING ORDER Council Tax (Administration and Enforcement) Regulations 1992 Solicitors Act 1974, section 73 Insolvency Act 1986, section 313 Agricultural Holdings Act 1986, sections 85, 86 and 87 Landlord and Tenant Act 1927 Partnership Act 1890, section 23 Road Traffic Act 1991 Child Support Act 1991, sections 33 and 36 Mental Capacity Act 2005, section 18 Housing Act 2004, sections 49 and 50, Schedule 13 Highways Act 1980 Legal Aid, Sentencing and Punishment of Offenders Act 2012 8 INSOLVENCY Introduction Definition of insolvency Overview of individual insolvency procedures The debt respite scheme Overview of corporate insolvency procedures Insolvency restrictions APPENDICES PART A – STATUTORY MATERIAL A1 Charging Orders Act 1979 A2 Civil Procedure Rules, Part 73, Section I A3 Civil Procedure Rules, Practice Direction 73, Section I and Appendix A A4 Family Procedure Rules, Part 40 A5 Family Procedure Rules, Practice Direction 40A, Section I PART B – PRECEDENTS B1 Completed Specimen Form N379: Application for Charging Order on Land B2 Completed Specimen Form FE6: Application for Charging Order on Land B3 Completed Specimen Form N86: Interim Charging Order – Court Order B4 Witness Statement to Oppose Making of Final Charging Order B5 Order for Discharge of Charging Order where No Final Order Made B6 Completed Specimen Form N87: Final Charging Order – Court Order B6A Suggested wording for an application for a non-standard restriction B7 Standard Order 4.13 B8 Standard Order 4.14 B9 Form N244: Application Notice B10 Witness Statement in Support of Application to Discharge Final Charging Order B11 Draft Order for Discharge of Charging Order after Final Charging Order Made B12 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – I B13 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – II B14 Witness Statement in Support of Application for Sale – I B15 Witness Statement in Support of Application for Sale – II B16 Standard Form of Charging Order (Bankruptcy) B17 Draft Directions B18 Order: Joint Owners Tenanted B19 Order: Sole Legal Owner Overseas Entity Tenanted Index

Review :

'This excellent book is one for the practitioner, especially one faced with a more challenging case. It is a volume that the chambers or firm librarian should be petitioned to acquire" - Conveyancer and and Property Law Journal