- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (10/01/2015)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 06/04/2016
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The Civil Procedure Rules 1998, Section 73.3 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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73.3—(1) An application for a charging order may be made without notice.
(2) An application for a charging order must be issued in the court [F2or County Court hearing centre] which made the judgment or order which it is sought to enforce, unless—
(a)the proceedings have since been transferred to a different court, in which case the application must be issued in that court;
(b)the application is made under the 1992 Regulations, in which [F3event] it must be issued in the [F4County Court] for the district in which the relevant dwelling (as defined in regulation 50(3)(b) of those Regulations) is situated;
(c)the application is for a charging order over an interest in a fund in court, in which [F5event] it must be issued in the court in which the claim relating to that fund is or was proceeding; F6...
(d)the application is to enforce a judgment or order of the High Court and it is required by section 1(2) of the 1979 Act to be made to [F7the County Court] [F8; or]
[F9(e)the application is to enforce a judgment made in [F10the County Court Money Claims Centre], in which event the application must be issued in accordance with section 2 of Practice Direction 70.]
(3) Subject to paragraph (2), a judgment creditor may apply for a single charging order in respect of more than one judgment or order against the same debtor.
(4) The application notice must—
(a)(i)be in the form; and
(ii)contain the information,
required by [F11Practice Direction 73]; and
(b)be verified by a statement of truth.]
Textual Amendments
F1Pt. 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))
F2Words in rule 73.3(2) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 33(a)(i) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)
F3Word in rule 73.3(2)(b) substituted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(a)
F4Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(ii); S.I. 2014/954, art. 2(a)
F5Word in rule 73.3(2)(c) substituted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(b)(i)
F6Word in rule 73.3(2)(c) omitted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(b)(ii)
F7Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)
F8Word in rule 73.3(2)(d) substituted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(c)
F9Rule 73.3(2)(e) inserted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(d)
F10Words in rule 73.3(2)(e) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 33(a)(ii) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)
F11Words in rule 73.3(4)(a) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 47(a)(i)
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