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Civil way: 8 June 2012

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07 June 2012
Issue: 7517 / Categories: Features , Civil way , Procedure & practice
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They have just become more readily available. The High Court and county courts are now empowered to make a charging order without any default under an instalment judgment...

CHARGING ON

They have just become more readily available. The High Court and county courts are now empowered to make a charging order without any default under an instalment judgment. That’s thanks to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), s 93 (amending the Charging Orders Act 1979) having been brought into force on 17 May 2012 by commencement order SI 2012/1312. This important change will not apply where the judgment or order was made or applied for before the operative date.

So ends the device of the judgment creditor unashamedly applying to vary an instalment judgment to a forthwith judgment, so as to procure a default and with it the platform to go for a charging order (even if it ended up with a final charging order but a direction effectively debarring an application for an order for sale, so long

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