Charging Order in UK Law

Leading Cases
  • Ezekiel v Orakpo
    • Court of Appeal (Civil Division)
    • 03 t 1996

    So far as the costs of enforcing the security are concerned, it is of course perfectly true that at the date of the Charging Order, or indeed subsequently, it was quite impossible to ascertain them. The judge came to the conclusion that the Charging Order must, by the provisions of the statute, be given the same effect as if it were an equitable charge under hand only. If it were, the chargee would have the right in equity to add the costs of enforcing the security to the security.

    It is important to recognise at the outset what was the true nature of the plaintiff's application in 1993. He was not bringing an action upon the judgment debt which he had obtained in 1979. He was not even seeking to enforce execution of that judgment. He did that when he applied for and obtained the Charging Order in 1982. In 1993 he was a secured creditor with the statutory equivalent of an equitable charge.

  • Harman v Glencross and Another
    • Court of Appeal (Civil Division)
    • 20 m 1985

    When considering the circumstances, the approach of the court should be to recall the statement of Sir Denys Buckley in Hegerty, cited above, that a judgment creditor is justified in expecting that a charging order over the husband's beneficial interest in the matrimonial home will be made in his favour.

  • Burston Finance Ltd v Godfrey
    • Court of Appeal (Civil Division)
    • 13 s 1976

    Nor is there any evidence that the plaintiffs exercised undue haste to obtain a preferred position for themselves as compared with the general body of creditors; nor that they took, or sought to take, unfair advantage of any knowledge which they had acquired of any other matter or circumstance which was unknown to the other creditors.

  • Re Norris
    • House of Lords
    • 28 a 2001

    Attempts to relitigate issues which have already been the subject of judicial decision may or may not amount to an abuse of process. Ordinarily such situations fall to be governed by the principle of estoppel per rem judicatem or of issue estoppel (admitted not to be applicable in the present case). It will be a rare case where the litigation of an issue which has not previously been decided between the same parties or their privies will amount to an abuse.

  • Roberts Petroleum Ltd v Bernard Kenny Ltd
    • House of Lords
    • 10 a 1983

  • Roberts Petroleum Ltd v Bernard Kenny Ltd
    • Court of Appeal (Civil Division)
    • 11 m 1981

    (4) In exercising its discretion the court has both the right and the duty to take into account all the circumstances of any particular case, whether such circumstances arose before or after the making of the order nisi.

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Books & Journal Articles
  • Equitable Security Interests: Their Creation and Priority
    • Nr. 3-1, February 1995
    • Journal of Financial Crime
    • 65-68
    Fraud, so it seems, never goes out of fashion. The United Bank of Kuwait plc advanced monies to Mr Sahib, and when the monies were not duly repaid, the Bank took proceedings to recover the debt due...
    ...... Mr Sahib, and sought to enforce that judgment by obtaining a charging order over Mr Sahib's bene-ficial interests in two freehold properties in ......
    • Nr. 3-1, February 1947
    • Journal of Documentation
    • 3-8
    After the European War came to an end it became apparent that there were literally hundreds of thousands of scientific research documents which had been written both by Allied and by Axis scientist...
    ......On 12 June 1945 President Harry Truman issued an executive order charging the Office of the Publication Board, U.S. Department of Commerce, ......
  • The TOLIMAC project: access control, charging and payment of electronic information resources by means of smart cards
    • Nr. 28-3, March 1998
    • VINE
    • 30-33
    TOLIMAC is a research project funded by the Telematics for Libraries Programme of the EU and is developing a system to provide controlled access to, and management of, networked information resourc...
    ...... provide users from three university libraries with access to an electronic document delivery service based at INIST (France), including search, order and delivery of journal articles, as well as payment facilities by means of the electronic purse on the user's smart card. Introduction The aim of ......
  • Cayman Islands: Anti Money‐Laundering Legislation — The Proceeds of Criminal Conduct Law 1996
    • Nr. 1-1, January 1997
    • Journal of Money Laundering Control
    • 104-110
    ‘Q. Why the Caymans? You could have gone anywhere. You had a lot of money. You could have gone to Paris, the Bahamas?
    ......It provides for (i) the making of confiscation, restraint and charging orders and their administra-tion and enforcement and (ii) the enforcement ......
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Law Firm Commentaries
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