Charging Order - Definition - Law Dictionary Home Dictionary Definition charging-order

Definition :

Charging order, an order obtained from a court or judge under the (English) Judgments Acts, 1838 and 1840 (1 & 2 Vict. c. 110), s. 14, and (3 & 4 Vict. c. 82), s. 1, and (English) R. S.C. 1883, Ord. XLVI., charging the stocks or funds of a judgment debtor with the judgment debt.

Solicitor's Costs.--The (English) Solicitors' Act, 1932 (22 & 23 Geo. 5, c. 37), s. 69, enables any court in which a solicitor has been employed to prosecute or defend a suit to make a charging order in favour of the solicitor of the successful party for his taxed costs upon the property 'recovered or preserved' through the instrumentality of such solicitor, and the court may make such orders for taxation of and for raising and payment of such costs out of the property as shall appear just and proper, and all conveyances and acts done to defeat, or which shall operate to defect, such charge, unless made to a bona fide purchaser for value without notice, will be absolutely void as against th charge; but no such order maybe made in any case in which the right to recover payment of the costs is barred by any statute of limitations. See Cordery on Solicitors; Atkinson on Solicitors' Lien.

Partners.--Under s. 23 of the (English) Partnership Act, 1890, separate judgment creditors of a partner may obtain an order charging his interest in the partnership property: the other partner or partners may redeem the interest charged, or in case of sale, purchaser the same. See (English) R.S.C., June, 1891, Ord. XLVI. (1a).