Charging Orders - A Practical Application
Aims and objectives
To provide participants with a detailed overview of the legal framework, technical points and practice of charging orders covering relevant statute and case law so it can be practically applied to case work.
Participants should be able to:
- identify when and how a creditor can apply for a charging order
- recognise the tactics creditors use in order to obtain a charging order and be able to respond appropriately
- identify the relevant sections of the Charging Orders Act and case law and be able to apply them to cases
- identify relevant arguments and tactics to oppose the granting of a charging order
- explain the position of interest in charging orders
- identify ways in which a charging order application can be challenged, and advise the client on the process
- be able to comply with time scales and ensure the correct procedure (for replies, defences and/or applications) is applied and construct a valid defence to a CO application to
- oppose a CO being granted
- request a suspended CO
- apply conditions where appropriate
