C1C2F1PART 73CHARGING ORDERS, STOP ORDERS AND STOP NOTICES
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
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.
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))