Enforcing charging order (multiple defendants)
| Published date | 21 March 2018 |
| Subject Matter | Chancery forms |
Enforcing Charging Order (Multiple defendants) CH 37
IN THE HIGH COURT OF JUSTICE Claim No. -
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
[ LIST](ChD)
Master [name]
[Day, month, year]
B E T W E E N:
ABCDEFG
Claimant
-and-
HIJKLMNOP
Defendant
_________________________________________
ORDER
_________________________________________
UPON the application of the [party] by Notice dated . . .
AND UPON HEARING [names of the advocates and/or those given permission to address the court] for the Claimant / the Defendant
AND IT APPEARING that the Claimant is entitled to an equitable charge upon the Defendant’s interest in the property (details of property) [Registered at H.M. Land Registry under Title Number ] (“the property”) under a charging Order made on (date)
in the (details of court) in Claim Number (number)
IT IS ORDERED that
() the remainder of this Order will not take effect if the First Defendant by 4.00 p.m. on (date) pays to the Claimant the judgment debt of £ secured by the charge and his/her costs to date of this application assessed at £ , making together £ (total amount) [together with interest at the rate of
£ per day from the date of this Order until payment is received by the Claimant]
() that the property shall be sold without further reference to the Court at a price not less than £ unless that figure is changed by a further Order of the Court
() that the [Claimant] [Claimant’s Solicitor] will have conduct of the sale
[
() that the Court pursuant to section 50 of the Trustee Act 1925 appoints the [Claimant] [Claimant’s Solicitor] to convey the property
() that the Defendants must deliver possession of the property to the Claimant [on or before (date)][wit...
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