Charging Orders Against Land: Law, Procedure and Precedents 2nd ed

Out of Print.

Charging Orders Against Land: Law, Procedure and Precedents is still the only book dealing exclusively with the subject of charging orders.

This second edition has been written by two authors who between them have nearly 25 years of experience as District Judges and over 45 years in private practice. This enables them to deal authoritatively not only with the litigation aspects of charging orders but with conveyancing and other aspects as well.

Over a decade has passed since the first edition was published. In that time the changes in both substantive law and procedure have been many and varied. In particular, the British Civil Procedure Rules have set out in more detail the practice for applying for a charging order; the Trusts of Land and Appointment of Trustees Act 1996 has widened the discretion of the Court in the enforcement of a charging order against a beneficial interest under a trust; and more recently the Land Registration Act 2002 and its attendant Rules and Fee Orders have radically altered the protection of charging orders by registration.

All these matters and certain other new material have been included in the text, together with many recent cases. In addition, there is a full discussion of other areas of law on which charging orders may impinge, such as ancillary relief in divorce or insolvency. Lastly, for the student or academic lawyer, the book gives an historical background in the Charging Orders Act 1979 and a comparison with enforcement procedure against land in other jurisdictions.