Back
Get in Touch Menu

Charging orders survive bankruptcy

18 August 2009

A recent decision will come as some relief to creditors who have benefit of a charging order.

In Nationwide Building Society v Wright & Another [2009], the Court of Appeal held that a charging order could not be set aside solely because of the subsequent bankruptcy of the landowner debtor.

Where a charging order is executed before a final bankruptcy order is made, the party with the benefit of the charging order will not be deprived of his security solely as a result of the bankruptcy order.  The court found that there would be a need for some additional reason before it would exercise its discretion to set aside the charging order.

paul.gordon@willans.co.uk

If you need clear and pragmatic legal advice, we’re here to help so please get in touch.

Contact us

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Willans
Solicitors
About
Related services
Share this article
Resources to help

Related articles

Pioneering tattoo charity MTA shares client experience

Corporate

After launching Paradise Tattoo Studio from a small, single room in Cheltenham, tattoo artist Tanya Buxton was keen to explore how tattooing could help and empower people, both physically and…

Willans
Solicitors

Companies House identity verification requirements to come into force from autumn 2025

Corporate

Under the Economic Crime and Corporate Transparency Act 2023 (ECCTA), reforms have been introduced to Companies House concerning identity verification, which will become compulsory from autumn 2025. Our corporate solicitors…

Helen Howes LLM
Senior associate, solicitor

Unearthing the implicit duty of cooperation in commercial contracts

Commercial

In the world of business, contracts are the bedrock upon which deals are built. These carefully crafted documents are a testament to the mutual understanding between parties, outlining their respective…

Willans
Solicitors
Contact us