The Civil Procedure Rules 1998

Applications for orders charging partner’s interest in partnership property, etc. E+W

Rule 10—(1) Every application to the Court by a judgment creditor of a partner for an order under section 23 of the Partnership Act 1890(1) (which authorises the High Court or a judge thereof to make certain orders on the application of a judgment creditor of a partner, including an order charging the partner’s interest in the partnership property) and every application to the Court by a partner of the judgment debtor made in consequence of the first mentioned application must be made [F1 in accordance with CPR Part 23].

(2) A Master or the Admiralty Registrar or a district judge may exercise the powers conferred on a judge by the said section 23.

(3) Every [F2 application notice] issued by a judgment creditor under this rule, and every order made on such [F3 an application], must be served on the judgment debtor and on such of his partners as are within the jurisdiction or, if the partnership is a cost book company, on the judgment debtor and the purser of the company.

(4) Every [F4 application notice] issued by a partner of a judgment debtor under this rule, and every order made on such [F5 an application], must be served—

(a) on the judgment creditor, and

(b) on the judgment debtor, and

(c) on such of the other partners of the judgment debtor as do not join in the application and are within the jurisdiction or, if the partnership is a cost book company, on the purser of the company.

(5) [F6 An application notice] or order served in accordance with this rule on the purser of a cost book company or, in the case of a partnership not being such a company, on some only of the partners thereof, shall be deemed to have been served on that company or on all the partners of that partnership, as the case may be.

Textual Amendments

F1 Words in Sch. 1 RSC Order 81 rule 10(1) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 43(a)

F2 Words in Sch. 1 RSC Order 81 rule 10(3) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 43(b)(i)

F3 Words in Sch. 1 RSC Order 81 rule 10(3) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 43(c)(i)

F4 Words in Sch. 1 RSC Order 81 rule 10(4) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 43(b)(ii)

F5 Words in Sch. 1 RSC Order 81 rule 10(4) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 43(c)(ii)

F6 Words in Sch. 1 RSC Order 81 rule 10(5) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 43(d)

(1)

1890 c. 39; section 23 was amended by the Statute Law Revision Act 1908 (c. 49); and by the Courts Act 1971 (c. 23), section 56(4), schedule 11, Part II.