How to delay the removal of a charging order until the end of the proceedings

autoplay

I got a default judgment and an interim charging order on the property of the Defendant. if the defendant makes an application to set aside the default judgment which is granted and the claim re-start again, I would like to know how to delay the removal of the interim charging order until the claim is finally decided.

For the reason that it will not be cost effective to remove an interim charging order to have it put back if I finally win my claim. Moreover, the defendant can take advantage of the removal of this interim charging order to sell its property to prevent me from enforcing on it any compensation that could be awarded to me if I finally win my claim.

I am thinking to the following three possibilities:

1.       An application for a freezing order to prevent the defendant from selling his property but the time that this application is dealt with the Defendant can sell his property.

2.       An application for an order to stay any order granting the setting aside of the default judgment until an application for a freezing order is deal with.

3.       An application for an order preventing the removal of the interim charging order until the end of the proceedings

I would like to know if these three possibilities are feasible and if you have ideas of other possibilities

MattMattMattUK

autoplay said:

I got a default judgment and an interim charging order on the property of the Defendant. if the defendant makes an application to set aside the default judgment which is granted and the claim re-start again, I would like to know how to delay the removal of the interim charging order until the claim is finally decided.

For the reason that it will not be cost effective to remove an interim charging order to have it put back if I finally win my claim. Moreover, the defendant can take advantage of the removal of this interim charging order to sell its property to prevent me from enforcing on it any compensation that could be awarded to me if I finally win my claim.

I am thinking to the following three possibilities:

1.       An application for a freezing order to prevent the defendant from selling his property but the time that this application is dealt with the Defendant can sell his property.

2.       An application for an order to stay any order granting the setting aside of the default judgment until an application for a freezing order is deal with.

3.       An application for an order preventing the removal of the interim charging order until the end of the proceedings

I would like to know if these three possibilities are feasible and if you have ideas of other possibilities

Why was the default set aside? How much money is the judgement for?

autoplay

The default judgment has not yet been set aside. I am preparing what to do if it is.

The amount is for several thousands pounds

fatbelly

For a judgement to be set aside the defendant needs

A reason why they did not defend the claim
A defence with a real prospect of success
To act promptly

You are correct that if this is granted (and you say it has not even been attempted yet) then the charging order should be removed. I don't know any way around this.

autoplay

Yes but I would like to know if there are possibilities to delay the removal of the default judgment until the end of the proceedings