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Part 73 Civil Procedure Rules - Charging Orders

Practice and Procedure Checklist: CPR 73 and PRACTICE DIRECTION 73
FORMFINDER

Rules Forms
OBTAINING A CHARGING ORDER An application for a charging order may be made without notice An application to the County Court in respect of land should be made to the County Court Money Claims Centre but can be transferred to the debtor’s home court A judgment creditor may apply for a single charging order in respect of more than one judgment or order against the same creditor The application notice must be in the form and contain the information required by CPR PD 73 and be verified by a statement of truth 73.3(1) 73.3(2) PD73 para 3 73.3(4) 73.3(5) PD73 para 1.2 N379
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INITIAL CONSIDERATION An application for a charging order will initially be dealt with by a [court officer] without a hearing The [court officer] may make an interim charging order and fix a hearing to consider whether to make a final charging order A party may request that a decision of a court officer be reviewed by a District Judge (within 14 days of service). A review will take place without a hearing Copies of the interim charging order, the application notice and any documents filed in support must be served within 21 days of the making of the interim order There is a list of persons to be served An interim charging order is registrable: On registered land Where the judgment debtor is the sole owner (ie. the charge is secured on the legal and beneficial interest), by a notice or restriction Where the judgment debtor is a beneficial co-owner (ie. the charge is secured on a beneficial interest) by a Form K restriction On unregistered land Registration as a writ or order affecting land does not include an undivided share, so that it is not possible to protect by registration a charge over a beneficial interest 73.4(2)(3) 73.4(5)(6) 73.5(1)(2) 73.5(3) 73.7(1) 73.7(7) See HM Land Registry Practice Guide 76
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FURTHER CONSIDERATION There are different rules for further consideration depending on whether the interim charging order was made at the County Court Money Claims Centre or has been transferred out Generally, if any person objects to the court making a final charging order, he must file and serve on the judgment creditor written evidence stating the grounds of his objections At the hearing the court may: (a) make a final charging order with or without modification, (b) discharge the interim charging order and dismiss the application, (c) decide any issues between the parties, (d) direct a trial of any such issues, or (e) make such other order as the court considers appropriate An order made at the hearing must be served on all persons on whom the interim charging order was required to be served 73.10,10A 73.10(2) 73.10A(2) 73.10(7) 73.10A(3) 73.10(9) 73.10A(5)
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DISCHARGE OR VARIATION OF ORDER Where the final charging order was made without a hearing any application to discharge or vary a charging order (under s 3(5) Charging Orders Act 1979) must be made to the County Court Money Claims Centre (but will be transferred for hearing to the judgment debtor’s home court) The court may direct that any interested party be joined in An order discharging or varying a charging order must be served on all the persons on whom a charging order was required to be served 73.10B(1) 73.10B(2) 73.10B(4) 73.10B(5)
Rules Forms
ENFORCING CHARGING ORDER BY SALE The court may, upon a claim by a person who has obtained a charging order over an interest in property, order the sale of the property to enforce the charging order Where the charging order was made at the County Court Money Claims Centre a claim for an order for sale must be made to the judgment debtor’s home court The limit of the County Court’s equity jurisdiction under s 23(c) County Courts Act 1984 is £350,000. Above this limit a claim must be started in the High Court, Chancery Division The claimant must use the Part 8 procedure A copy of the charging order must be filed with the claim form The claimant’s written evidence must include the information required by PD 73 Sample forms of order (not prescribed – may be adapted): 73.10C(1) 73.10C(2) and PD 73 PD 73 paras 4.1-4.3 73.10C(4) 73.10C(5) PD 73 para 4.3 PD 73 para 4.4 App A (sole owner) App B (joint owners)