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The Community Legal Service (Cost Protection) Regulations 2000

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Enforcement of costs order against client

4.  Where, for the purpose of enforcing a costs order against a client (alone or together with any other judgment or order), a charging order under section 1 of the Charging Orders Act 1979(1) is made in respect of the client’s interest in the main or only dwelling in which he resides:

(a)that charging order shall operate to secure the amount payable under the costs order (including, without limitation, any interest) only to the extent of the amount (if any) by which the proceeds of sale of the client’s interest in the dwelling (having deducted any mortgage debts) exceed £100,000; and

(b)an order for the sale of the dwelling shall not be made in favour of the person in whose favour the charging order is made.

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