The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 73 E+W CHARGING ORDERS, STOP ORDERS AND STOP NOTICES

Textual Amendments

F1 Pt. 73 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 4 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))

SECTION II—STOP ORDERS E+W

Application for stop order E+W

73.12— (1) The High Court may make—

(a) a stop order relating to funds in court, on the application of any person—

(i) who has a mortgage or charge on the interest of any person in the funds; or

(ii) to whom that interest has been assigned; or

(iii) who is a judgment creditor of the person entitled to that interest; or

(b) a stop order relating to securities other than securities held in court, on the application of any person claiming to be beneficially entitled to an interest in the securities.

(2) An application for a stop order must be made—

(a) by application notice in existing proceedings; or

(b) by Part 8 claim form if there are no existing proceedings in the High Court.

(3) The application notice or claim form must be served on—

(a) every person whose interest may be affected by the order applied for; and

(b) either—

(i) the Accountant General at the Court Funds Office, if the application relates to funds in court; or

(ii) the person specified in rule 73.5(1)(d), if the application relates to securities other than securities held in court.]