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

MattMattMattUK

autoplay said:

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

You cannot keep the charging order if the default is set aside as the charging order would be invalid as the primary ruling it is there to enforce is no longer valid.

What "proceedings" are you meaning now, do you mean keep the default until the case has been heard again? If so then no. 

autoplay said:

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

How much? More than £5k? If so you could apply to make them bankrupt. Attachment to earnings? Any enforcement action?

mybestattempt

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

It appears that it is possible to apply for a pre judgement freezing order.

These articles provide information about pre- judgement freezing orders (England and Wales) and arrestment orders (Scotland):

https://www.pinsentmasons.com/out-law/guides/freezing-injunctions

https://ezine.eversheds-sutherland.com/global-freezing-order-guide/scotland

autoplay

Yes but an application for a post judgment freezing order can take time to deal with and if before it is granted the Default Judgment is set aside I would like to know if I can make an application to stay the order to set aside until the application for a freezing order is deal with

I can may be be also to enforce with other enforcement actions but usually they require we know the address of the Defendant but if he sells his property he will also change of address

autoplay

Or another possibility could be to request a stay of the removal of the charging order until the end of the proceedings.

The problem is that we are in a special situation between usually we get a judgment at the end of the proceedings and we get a charging order but in my situation we already have a charging order 

Yorkie1

But if the judgment is set aside, then there is no interim charging order - because it flowed from the judgment, which no longer exists. What have you seen that suggests that you can retain the interim order despite the judgment being vacated?

autoplay

I do not ask to keep the charging order after the default judgment has been set aside but maybe that the court issues an order delaying the removal of the charging order until the end of the proceedings. Maybe the court can attach conditions to the setting aside of the default judgment