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- Point in Time (19/03/2012)
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Version Superseded: 22/04/2014
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There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 73.3.
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73.3—(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 [F2event] 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 [F3event] it must be issued in the court in which the claim relating to that fund is or was proceeding; F4...
(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[F5; or]
[F6(e)the application is to enforce a judgment made in Northampton County Court in respect of a designated money claim, in which event the application must be issued in accordance with section 2 of Practice Direction 70.]
(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 [F7Practice Direction 73]; and
(b)be verified by a statement of truth.]
Textual Amendments
F1Pt. 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))
F2Word in rule 73.3(2)(b) substituted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(a)
F3Word in rule 73.3(2)(c) substituted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(b)(i)
F4Word in rule 73.3(2)(c) omitted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(b)(ii)
F5Word in rule 73.3(2)(d) substituted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(c)
F6Rule 73.3(2)(e) inserted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(d)
F7Words in rule 73.3(4)(a) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 47(a)(i)
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