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Charging order definition

What does Charging order mean? A charging order is a court order used to enforce a money judgment by securing the judgment debt against the debtor’s property so that the creditor is paid from sale proceeds or refinancing before unsecured creditors. In England and Wales, it is a statutory remedy (Charging Orders Act 1979; CPR Part 73). The court may grant an interim and then a final charging order creating an equitable charge over the debtor’s beneficial interest in land or in securities (for example, shares or units in a unit trust). To protect the security and establish priority against third parties,...

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Charging orders under CPR 73 (England and Wales): scope, eligible debts, chargeable assets, instalments, partnerships, cross-undertakings, and court guidance

Practice notes
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This PrACTice Note outlines what Charging orders are, which categories of judgment debt can be made subject to a charging order, and the kinds of property that may be charged. It also offers guidance on construing and applying the relevant CPR provisions. Depending on the court in which your case is progressing, you may need to consider additional rules—see the section: Court specific guidance below.

What is a charging order?

A charging order is an indirect enforcement tool that secures a judgment debt by imposing a charge over property owned by the judgment debtor.

The liability may be met later by applying for an order for sale of the charged asset—see Practice Note: Order for sale—how to enforce a charging order.

The framework for charging orders is contained in CPR 73 and CPR PD 73, with reference to the Charging Orders Act 1979 (COA 1979). Obtaining one involves two stages:

  • interim charging orders—these are sought first. They notify the relevant parties that the creditor has charged the debtor’s asset to secure a judgment or order
  • final charging...
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Web page updated on 21/05/2026

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