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.