The Law and Practice of Charging Orders on Land

Written by specialists with practical experience, The Law and Practice of Charging Orders on Land provides a clear and thorough analysis of the law applicable to charging orders on land. Such orders are frequently sought, but can give rise to difficult issues both in terms of the exercise of discretion by the courts, and in relation to priorities. The book provides a guide to practitioners as to the pitfalls that can arise in seeking or challenging a charging order. There is comprehensive citation of authority and reference to statutory materials and the relevant provisions of the Civil Procedure Rules. The book explains the history of the law on charging orders which culminated in the Charging Orders Act 1979. It explains how to apply for a charging order and how the court is likely to exercise its discretion on such an application at both the interim and final stages. It considers the often difficult issues of priority that can arise in relation to charging orders. It explains how a charging order, once made, may be challenged and examines the process whereby a charging order may be enforced through an order for sale. It also looks at other cognate forms of order which create a charge over land and contains examples of relevant documents. The Law and Practice of Charging Orders on Land is an up-to-date treatment of this area of law, covering practical issues and giving examples. It addresses the very difficult legal issues that can arise and provides guidance as to how they might be dealt with.

Foreword Preface List of Abbreviations Table of Cases Table of Statutes Table of Statutory Instruments 1 Introduction 2 Circumstances in which a Charging Order Can Be Obtained and against what Property 3 Procedure for Obtaining a Charging Order 4 Priorities and Problems 5 Discharge or Variation of a Charging Order 6 Enforcement 7 Other Types of Charging Order Appendices Statutory material 1 Charging Orders Act 1979 (Extract) 2 Civil Procedure Rules, Part 73, Section I 3 Civil Procedure Rules, Practice Direction 73, Section I and Appendix A Precedents 1 Completed specimen Form N379: Application for Charging Order on Land or Property 2 Completed specimen Form N86: Interim Charging Order - Court Order 3 Witness Statement to Oppose Making of Final Charging Order 4 Order for Discharge of Charging Order where No Final Order Made 5 Completed specimen Form N87: Final Charging Order - Court Order 6 Form N244: Application Notice 7 Witness Statement in Support of Application to Discharge Final Charging Order 8 Draft Order for Discharge of Charging Order after Final Charging Order Made 9 Completed specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale - I 10 Completed specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale - II 11 Witness Statement in Support of Application for Sale - I 12 Witness Statement in Support of Application for Sale - II