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Charging Orders on Land

BOOK REVIEW CHARGING ORDERS ON LAND Law, Practice and Precedents Second Edition Editors: Cecily Crampin and Michael Ransom and members of Falcon Chambers ISBN 978 0 85490 3 436 WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com CHARGING ORDERS ON A DEBTOR’S PROPERTY: CLEAR, AUTHORITATIVE AND PRACTICAL ADVICE FROM FALCON CHAMBERS An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator _____________________________________________________ “Charging Orders on Land” has now arrived as a second edition from Falcon Chambers for 2024 -- an event which will certainly be welcomed by counsel embroiled in the specifics of charging orders, which, more often than not, present special problems. What we have here is a highly specialised and quite narrow area of law in which attention to minute detail is all too often imperative. The precedents at the back of the book are of great assistance to those involved in drafting orders. Fortunately for practitioners and judges dealing with the challenge of changing orders, this distinguished text published by Wildy, Simmonds & Hill, presents up to date and authoritative help in what is now regarded as the definitive work on the subject. Editors Cecily Crampin and Michael Ransom are assisted by nine contributors from Falcon Chambers, known as the set which specialises in land law and landlord and tenant work. Practitioners seeking guidance from this new and updated edition can be confident that they are in good hands. For example, there’s a new chapter on insolvency regimes, plus the inclusion of new CPR procedures and precedents. This then, is an ample and detailed compendium of practical advice and guidance on ‘the enforcement of money judgements by means of obtaining a charging order.’ Initially, this may sound straightforward, except that all too often it isn’t, as any number of complications can occur within the various stages of enforcement on which there is a special chapter. Also read the chapter on priorities and problems and note the specialist advice on sanctions, tenanted property, overseas entities and much more, including the new chapter on corporate and personal insolvency. Certainly the book can be depended upon to explain or clarify the various -- and seemingly endless -- snags and contingencies that frequently occur within this particular category of law, including (probably the most frequent of all) the cases which come under the heading of ‘Personal Circumstances: the family home’ which typically is balanced against the claims of the judgment debtor’s spouse... or possibly former, or divorcing spouse... or ‘any children who live in the property to be shared.’ It is also carefully pointed out that sometimes in such cases, the charging order can be withheld, or the interest of one party, for example, can be transferred to the other. Small wonder then that, in the opinion of quite a few practitioners, the concept of the charging order all too often presents a serious impediment to selling a house and clogging up the already stretched housing market. Considering the often complicated and sometimes controversial area of law, it is reassuring for the busy practitioners that this comprehensive and carefully researched legal text is easy to navigate. The table of contents is almost minutely detailed, and the extensive appendices offer more than 100 pages of statutory material and precedents -- an invaluable resource which will be of special interest to counsel charged with drafting orders. Also note the tables of cases, statutes, and statutory instruments, plus tables of European conventions and other material. Any practitioner involved in this highly specialised area will find this comprehensive and carefully researched legal text well-nigh indispensable. The date of publication of the hardback second edition is cited as January 2024.