Here is some useful information for defending a charging order;-
"Provided the charging order was made absolutely prior to the commencement of the liquidation or bankruptcy, a creditor is entitled to retain the benefit of the charging order. If the official receiver becomes aware that a charging order was made prior to the commencement of the insolvency, he/she should obtain a copy of the charging order and where the charging order has yet to become enforceable inform the court of the insolvency proceedings. In Re Roberts Petroleum Ltd v Bernard Kenny Ltd (in liquidation) ] 1 All ER 564 HL it was held that the making of a winding-up order was sufficient grounds for the charging order not to be made enforceable and for the order to be discharged. The case may also be applied following the making of a bankruptcy order. On becoming aware of the existence of a charging order, the official receiver when notifying the court of the insolvency proceedings, should exercise care that he/she is not deemed to have entered into the legal proceedings, unless he/she has adequate funds to cover any adverse costs which may arise. The official receiver may, when informing the court of the insolvency proceedings, refer to the decision in Re Roberts Petroleum. If the official receiver follows the advice given in this paragraph, it is considered that he will not have entered into the proceedings.
Notes: [Insolvency Act 1986 section 183 or section 346]"
"According to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears or you were ordered to pay the judgment in one lump sum immediately (forthwith) and didn't pay. This case is very important. If you are in this situation and still have an interim charging order made, you MUST go to the hearing and take evidence that you have kept up with the instalments ordered and mention this case to the district judge."
This information was used to succesfully prevent a charge from landing!
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