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Charging Orders on Land: Law, Practice and Precedents, 2nd edition

Charging Orders on Land: Law, Practice and Precedents, 2nd edition

作者： Falcon Chambers
出版商： Wildy, Simmonds and Hill Publishing
ISBN: 9780854903436
出版时间 January 2024
规格： Hardback
适应领域： U.K. ? 免责申明：
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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.
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

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