Charging Orders on Land: Law, Practice and Precedents

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

1INTRODUCTION
Introduction
Overview of charging orders
Brief history of charging orders

2CIRCUMSTANCES 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

3PROCEDURE FOR OBTAINING A CHARGING ORDER
Procedural framework
Application to the court
Interim charging order
Final charging order
Insolvency restrictions
Basic procedure tables

4PRIORITIES 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

5DISCHARGE 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

6ENFORCEMENT
Introduction
Court’s jurisdiction and the appropriate court
Orders for sale
Appointment of a receiver
Limitation

7OTHER 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

8INSOLVENCY
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
A1Charging Orders Act 1979
A2Civil Procedure Rules, Part 73, Section I
A3Civil Procedure Rules, Practice Direction 73, Section I and Appendix A
A4Family Procedure Rules, Part 40
A5Family Procedure Rules, Practice Direction 40A, Section I

PART B – PRECEDENTS
B1Completed Specimen Form N379: Application for Charging Order on Land
B2Completed Specimen Form FE6: Application for Charging Order on Land
B3Completed Specimen Form N86: Interim Charging Order – Court Order
B4Witness Statement to Oppose Making of Final Charging Order
B5Order for Discharge of Charging Order where No Final Order Made
B6Completed Specimen Form N87: Final Charging Order – Court Order
B6ASuggested wording for an application for a non-standard restriction
B7Standard Order 4.13
B8Standard Order 4.14
B9Form N244: Application Notice
B10Witness Statement in Support of Application to Discharge Final Charging Order
B11Draft Order for Discharge of Charging Order after Final Charging Order Made
B12Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – I
B13Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – II
B14Witness Statement in Support of Application for Sale – I
B15Witness Statement in Support of Application for Sale – II
B16Standard Form of Charging Order (Bankruptcy)
B17Draft Directions
B18Order: Joint Owners Tenanted
B19Order: Sole Legal Owner Overseas Entity Tenanted

Index