The Civil Procedure Rules 1998

[F1 SECTION II—STOP ORDERS E+W

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))

Interpretation E+W

73.11   In this Section, “stop order” means an order of the High Court not to take, in relation to funds in court or securities specified in the order, any of the steps listed in section 5(5) of the 1979 Act.

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 [F2 73.7(7)(f)], if the application relates to securities other than securities held in court.

Textual Amendments

F2 Word in rule 73.12(3)(b)(ii) substituted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 16 (with rule 24)

Stop order relating to funds in court E+W

73.13   A stop order relating to funds in court shall prohibit the transfer, sale, delivery out, payment or other dealing with—

(a) the funds or any part of them; or

(b) any income on the funds.

Stop order relating to securities E+W

73.14— (1) A stop order relating to securities other than securities held in court may prohibit all or any of the following steps—

(a) the registration of any transfer of the securities;

(b) the making of any payment by way of dividend, interest or otherwise in respect of the securities; and

(c) in the case of units of a unit trust, any acquisition of or other dealing with the units by any person or body exercising functions under the trust.

(2) The order shall specify—

(a) the securities to which it relates;

(b) the name in which the securities stand;

(c) the steps which may not be taken; and

(d) whether the prohibition applies to the securities only or to the dividends or interest as well.

Variation or discharge of order E+W

73.15— (1) The court may, on the application of any person claiming to have a beneficial interest in the funds or securities to which a stop order relates, make an order discharging or varying the order.

(2) An application notice seeking the variation or discharge of a stop order must be served on the person who obtained the order.]