The Civil Procedure Rules 1998

[F1 [F2 Further consideration of the application where interim charging order was made at the [F3 Civil National Business Centre] and has not been transferred under rule 73.4(6) for a hearing E+W

73.10— (1) This rule applies where the interim charging order was made at the [F4 Civil National Business 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 [F5 or a legal adviser] [F6 after] 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.

[F7 (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; F8 ...

(c) refer the matter to a judge [F9 ; or

(d) if paragraph (6B) applies, make an unless order, or refer the matter to a judge, in accordance with that paragraph.]

[F10 (6B) This paragraph applies where the judgment creditor has not complied with rule 73.7(1) or (2) and has not applied for an extension of time within the period specified by those provisions or either of them as appropriate, or has been granted an extension of time but has not met the extended time limit. In those circumstances, a legal adviser must—

(a) order that unless, by a date specified in the order, the judgment creditor files a certificate of service in relation to each person served (together with a statement of the amount due under the judgment or order including any costs and interest), the application for a charging order is to be dismissed and the interim charging order discharged; or

(b) refer the matter to a judge to consider whether to dismiss the application and discharge the interim charging order.

(6C) A copy of any order made under paragraph (6B) is to be served by the court on all the parties.

(6D) 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 [F11 judge] 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

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))

F2 Rules 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)

F3 Words in rule 73.10 heading substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(f)

F4 Words in rule 73.10(1) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(f)

F5 Words in rule 73.10(6) inserted (30.3.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(2), 9(3)(a)

F6 Word in rule 73.10(6) substituted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 13(2)(a)

F7 Rule 73.10(6A)(6B) inserted (30.3.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(2), 9(3)(b)

F8 Word in rule 73.10(6A) omitted (1.10.2020) by virtue of The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 13(2)(b)(i)

F9 Rule 73.10(6A)(d) substituted for full stop (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 13(2)(b)(ii)

F10 Rules 73.10(6B)-(6D) substituted for rule 73.10(6B) (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 13(2)(c)

F11 Word in rule 73.10(7) substituted (30.3.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(2), 9(3)(c)