[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 at the County Court Money Claims Centre and has not been transferred under rule 73.4(6) for a hearingE+W

73.10—(1) This rule applies where the interim charging order was made at the County Court Money Claims Centre and the matter has not been transferred under rule 73.4(6) for a hearing.

(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 later than 28 days after service on that person of the application notice and interim order.

(3) If any person files evidence stating grounds of objection to the making of a final charging order, the court must, in accordance with paragraph (4), transfer the application for hearing to the judgment debtor’s home court.

(4) Following receipt by the court of one or more objections, the matter must be transferred under paragraph (3)—

(a)once all persons served under rule 73.7 with a copy of the interim charging order have filed and served an objection; or

(b)upon expiry of the period allowed under paragraph (2) for the filing and service of any objection by the last person served under rule 73.7 with a copy of the interim charging order,

whichever is the earlier.

(5) Where a matter has been transferred under paragraph (3), the court must serve notice of the hearing on the judgment creditor and all persons served under rule 73.7 with the interim charging order.

(6) Unless the application has been transferred under paragraph (3) for a hearing, the application will be considered by a judge [F3or a legal adviser] upon expiry of the period allowed under paragraph (2) for the filing and service of any objection by the last person served under rule 73.7 with a copy of the interim charging order.

[F4(6A) When considering the application under paragraph (6), a legal adviser may only—

(a)make a final charging order, if it provides that the charge imposed by the interim charging order is to continue without modification (except for the amount secured);

(b)discharge the interim charging order and dismiss the application, if the applicant has requested it; or

(c)refer the matter to a judge.

(6B) Decisions of a legal adviser are to be made without a hearing.]

(7) When considering the application (either at a hearing following a transfer under paragraph (3) or under paragraph (6)), the [F5judge] 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.

(8) If the court makes a final charging order which charges securities, the order must include a stop notice unless the court otherwise orders.

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

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

Textual Amendments