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The Law and Practice of Charging Orders on Land

Edited by: Falcon Chambers

ISBN13: 9780854901241
Published: July 2013
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

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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.

Property Law, Wildy, Simmonds and Hill, Commercial Property

List of Abbreviations
Table of Cases
Table of Statutes
Table of Statutory Instruments

1 Introduction
Overview of charging orders
Brief history of charging orders

2 Circumstances in which a Charging Order Can Be Obtained and against what Property
Who can apply for a charging order?
Property which may be charged
Exercise of the court’s discretion

3 Procedure for Obtaining a Charging Order
Procedural framework
Application to the court
Interim charging order
Proposals for reform
Insolvency restrictions

4 Priorities and Problems
Basic rule of priority
Protection of priority: Introduction
Protection of priority where title is registered
Protection of priority where title is unregistered
Charging orders, mortgages and sales
Other priority problems

5 Discharge or Variation of a Charging Order
Scope of the power to discharge
Grounds which are open to particular applicants

6 Enforcement
Court’s jurisdiction and the appropriate court
Orders for sale: establishing the debtor’s title
Orders for sale: exercise of the court’s discretion
Orders for sale: procedure for application
Orders for sale: the mechanics of sale
Orders for sale: proceeds of sale
Appointment of a receiver

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 32M and 36
Mental Capacity Act 2005, section 18
Housing Act 2004, sections 49 and 50, Schedule 13
Highways Act 1980
Access to Justice Act 1999

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

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;