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Administration of Justice Act 1956

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This is the original version (as it was originally enacted).

35Power of courts to impose charges on land of judgment debtor

(1)The High Court and any county court may, for the purpose of enforcing a judgment or order of those courts respectively for the payment of money to a person, by order impose on any such land or interest in land of the debtor as may be specified in the order a charge for securing the payment of any moneys due or to become due under the judgment or order.

(2)An order under subsection (1) of this section may be made either absolutely or subject to conditions as to notifying the debtor or as to the time when the charge is to become enforceable or as to other matters.

(3)The Land Charges Act, 1925, and the Land Registration Act, 1925, shall apply in relation to orders under subsection (1) of this section as they apply in relation to other writs or orders affecting land issued or made for the purpose of enforcing judgments, but, save as aforesaid, a charge imposed under the said subsection (1) shall have the like effect and shall be enforceable in the same courts and in the same manner as an equitable charge created by the debtor by writing under his hand :

Provided that a charge imposed under the said subsection (1) for the purpose of enforcing a judgment or order of a county court may, notwithstanding that the amount secured by the charge exceeds the amount by which the jurisdiction of a county court is limited by paragraph (c) of subsection (1) of section fifty-two of the County Courts Act, 1934, be enforced in a county court.

(4)The preceding provisions of this section shall apply in relation to a judgment, order, decree or award (however called) of any court or arbitrator (including any foreign court or foreign arbitrator) which is or has become enforceable (whether wholly or to a limited extent) as if it were a judgment or order of the High Court or the county court as they apply in relation to a judgment or order of the High Court or the county court.

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