Q&As

A judgment debtor sells a property that was subject to an interim charging order. The interim charging order was protected by a Form K restriction at HM Land Registry and the buyer’s solicitor complied with the terms of the restriction by giving notice to the judgment creditor. What remedies are available to a judgment creditor?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 15 April 2019
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Pursuant to section 3(4) of the Charging Orders Act 1979, a charging order ‘shall have the like effect and shall be enforceable in the same courts and in the same manner as an Equitable charge created by the debtor by writing under his hand’. Thus, a charging order provides in effect that an unpaid judgment creditor is afforded the status of an equitable charge holder and is afforded some security for the unpaid debt.

That being said, judgment creditors are often surprised by the limited protection actually afforded to a charge holder who has entered a standard form restriction on the debtor’s property.

In this scenario, you mention that the charge was registered by way of a Form K restriction

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
HM Land Registry definition
What does HM Land Registry mean?

The repository for the Register of Title.

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