Charging orders – panic over!

The Court of Appeal has overturned the decision in Doodes v Gotham. Since the standard wording in charging orders obtained under section 313 is to create a “future obligation” the Court of Appeal held that the 12 year limitation period for the trustee to enforce the charge did not commence until the trustee had obtained an order for sale. This overturned the decision that it commenced when the charging order was obtained.