C1C2F1PART 73CHARGING ORDERS, STOP ORDERS AND STOP NOTICES

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Pt. 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)

SECTION II—STOP ORDERS

Application for stop order73.12

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 F273.7(7)(f), if the application relates to securities other than securities held in court.