When advising a judgment creditor on his or her options for enforcement, obtaining an interim and final charging order followed by an order for sale over a UK property can be an attractive option. However, judgment creditors must consider complications involved where the judgment debtor co-owns the subject property with one or more others.
Critically discuss and identify by reference to statue and case law:
1. The principles of co-ownership and
2. The impact of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996)
3. On the enforcement of a judgment against co-owned property by way of an interim and final charging order followed by an order for sale in relation to UK property
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