C1F1PART 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)
SECTION 1—CHARGING ORDERS
Application for charging order73.3
1
An application for a charging order may be made without notice.
2
An application for a charging order must be issued in the court which made the judgment or order which it is sought to enforce, unless—
a
the proceedings have since been transferred to a different court, in which case the application must be issued in that court;
b
the application is made under the 1992 Regulations, in which case it must be issued in the county court for the district in which the relevant dwelling (as defined in regulation 50(3)(b) of those Regulations) is situated;
c
the application is for a charging order over an interest in a fund in court, in which case it must be issued in the court in which the claim relating to that fund is or was proceeding; or
d
the application is to enforce a judgment or order of the High Court and it is required by section 1(2) of the 1979 Act to be made to a county court.
3
Subject to paragraph (2), a judgment creditor may apply for a single charging order in respect of more than one judgment or order against the same debtor.
4
The application notice must—
a
i
be in the form; and
ii
contain the information,
required by the relevant practice direction; and
b
be verified by a statement of truth.
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))