C - Charging Orders
7/3/24
PATEL v AWAN [2024] EWHC 464 (Ch)
An interim payment on account of costs is enforceable as a judgment debt in the same way as any other court order for a money sum, including by charging order. An order for sale was appropriate to enforce a charging order where there was little or no equity, but on the facts the debtor would be allowed 3 months for payment and/or possession.
17/5/13
JSC BTA BANK v ABLYAZOV, EWHC (Comm)
In contempt proceedings it had been held that the defendant was the beneficial owner of a flat rather than a witness who had claimed to be the owner. On an application for a charging order the same witness was not entitled to claim to be owner of the flat. The principle that it is an abuse of process to make a collateral attack on a judgment can extend to witnesses as well as parties.
APRIL 2013
LAND REGISTRY PRACTICE GUIDE 76 – CHARGING ORDERS
Guidance on charging orders and protecting them by unilateral notices, restrictions and pending land actions.
20/12/12
HUGHMANS SOLICITORS v CENTRAL STREAM SERVICES LTD [2012] EWCA Civ 1720
A settlement agreement which provided for the sale of a property and payment to a company of the net proceeds, did not create an equitable charge on the property because it did not impose an obligation on the defendant to pay a particular sum to the company so as to create a debt, but merely an obligation to sell the property and apply the proceeds in a particular manner. But by agreeing to hold the property on terms which appropriated it for the benefit of the company, an equitable interest in the property had been created in the company’s favour. As this interest was first in time, it took priority over a subsequently granted charging order, even though the charging order had been protected by unilateral notice.
24/1/12
NATIONAL GUILD OF REMOVERS & STORERS LTD v JONES [2012] 1 WLR 2501
A judge has a discretion to hear oral evidence at the hearing of an application for a final charging order even if the debtor had not complied with CPR r 78.3(1) requiring objections in writing. He can also adjourn the hearing to give the debtor time to raise finance to pay. But interest accrues under statute and should not have been suspended. Nor should a judge refuse to make a charging order final on terms that the debtor makes periodical payments.