[F1PART 73E+WCHARGING ORDERS, STOP ORDERS AND STOP NOTICES

Textual Amendments

Modifications etc. (not altering text)

C2Pt. 73 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.25 (with rules 2.1, 33.1(1)) (as amended (22.4.2014) by S.I. 2014/667, rules 1, 43 (with rule 45)

[F2SECTION I. CHARGING ORDERSE+W

Textual Amendments

F2Rules 73.1-73.10C substituted for rules 73.1-73.10 (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 14, Sch. 1 (with rule 24)

Further consideration of the application where interim charging order was made other than at the [F3Civil National Business Centre], or has been transferred out of that Centre under rule 73.4(6)E+W

73.10A.—(1) This rule applies where an interim charging order was made other than at the [F4Civil National Business Centre] or has been transferred out of that Centre under rule 73.4(6).

(2) If any person objects to the court making a final charging order, that person must—

(a)file; and

(b)serve on the judgment creditor,

written evidence stating the grounds of objection, not less than 7 days before the hearing.

(3) At the hearing the court may—

(a)make a final charging order confirming that the charge imposed by the interim charging order continues, with or without modification;

(b)discharge the interim charging order and dismiss the application;

(c)decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the court making a final charging order;

(d)direct a trial of any such issues, and if necessary give directions; or

(e)make such other order as the court considers appropriate.

(4) If the court makes a final charging order which charges securities other than securities held in court, the order must include a stop notice unless the court otherwise orders.

(Section III of this Part contains provisions about stop notices.)

(5) Any order made at the hearing must be served by the court on all the persons on whom the interim charging order was required to be served.]]

Textual Amendments