The Civil Procedure Rules 1998

[F1 Application for charging order E+W

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 [F2 or County Court hearing centre] 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 [F3 event] it must be issued in the [F4 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 [F5 event] it must be issued in the court in which the claim relating to that fund is or was proceeding; F6 ...

(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 [F7 the County Court] [F8 ; or]

[F9 (e) the application is to enforce a judgment made in [F10 the County Court Money Claims Centre], 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 [F11 Practice Direction 73]; and

(b) be verified by a statement of truth.]

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 Words in rule 73.3(2) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 33(a)(i) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)

F3 Word 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)

F4 Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(ii); S.I. 2014/954, art. 2(a)

F5 Word 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)

F6 Word 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)

F7 Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)

F8 Word 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)

F9 Rule 73.3(2)(e) inserted (19.3.2011) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 5(d)

F10 Words in rule 73.3(2)(e) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 33(a)(ii) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)

F11 Words 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)