RULES & PRACTICE DIRECTIONS | SCHEDULE 1 - RSC | SCHEDULE 2 - CCR | PRE-ACTION PROTOCOLS | GLOSSARY | FORMS | COURT GUIDES | INDEX

See also Part 73
| PRACTICE DIRECTION - CHARGING ORDERS, STOP ORDERS AND STOP NOTICES
| THIS PRACTICE DIRECTION SUPPLEMENTS PART 73
| Contents of this Practice Direction
SECTION I - CHARGING ORDERS |  |
Application notice - rule 73.3 |  | Para. 1.1
High Court and county court jurisdiction |  | Para. 2.
Transfer |  | Para. 3.
Enforcement of charging orders by sale - rule 73.10 |  | Para. 4.1
SECTION II - STOP NOTICES |  |
APPENDIX A |
APPENDIX B |
SECTION I - CHARGING ORDERS
Application notice - rule 73.3
1.1 | An application for a charging order must be made by filing an application notice in Practice Form N379 if the application relates to land, or N380 if the application relates to securities.
1.2 | The application notice must contain the following information -
(1) | the name and address of the judgment debtor;
(2) | details of the judgment or order sought to be enforced;
(3) | the amount of money remaining due under the judgment or order;
(4) | if the judgment debt is payable by instalments, the amount of any instalments which have fallen due and remain unpaid;
(5) | if the judgment creditor knows of the existence of any other creditors of the judgment debtor, their names and (if known) their addresses;
(6) | identification of the asset or assets which it is intended to charge;
(7) | details of the judgment debtor's interest in the asset; and
(8) | the names and addresses of the persons on whom an interim charging order must be served under rule 73.5(1).
1.3 | A judgment creditor may apply in a single application notice for charging orders over more than one asset, but if the court makes interim charging orders over more than one asset, it will draw up a separate order relating to each asset.
High Court and county court jurisdiction
2. | The jurisdiction of the High Court and the county court to make charging orders is set out in section 1(2) of the 1979 Act.
Transfer
3. | The court may, on an application by a judgment debtor who wishes to oppose an application for a charging order, transfer it to the court for the district where the judgment debtor resides or carries on business, or to another court.
Enforcement of charging orders by sale - rule 73.10
4.1 | A county court has jurisdiction to determine a claim under rule 73.10 for the enforcement of a charging order if the amount owing under the charge does not exceed the county court limit.
4.2 | A claim in the High Court for an order for sale of land to enforce a charging order must be started in Chancery Chambers at the Royal Courts of Justice, or a Chancery district registry. (There are Chancery district registries at Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester, Newcastle upon Tyne and Preston.)
4.3 | The written evidence in support of a claim under rule 73.10 must -
(1) | identify the charging order and the property sought to be sold;
(2) | state the amount in respect of which the charge was imposed and the amount due at the date of issue of the claim;
(3) | verify, so far as known, the debtor's title to the property charged;
(4) | state, so far as is known -
(a) | the names and addresses of any other creditors who have a prior charge or other security over the property; and
(b) | the amount owed to each such creditor; and
(5) | give an estimate of the price which would be obtained on sale of the property.
4.4 | Sample forms of orders for sale are set out in Appendix A to this practice direction for guidance. These are not prescribed forms of order and they may be adapted or varied by the court to meet the requirements of individual cases.
[4.5][Rule 73.10 does not apply where a judgment creditor seeks an order for sale of property owned by more than one person, to enforce a charging order over the interest in the property of one (or of some but not all) of the co-owners. In that situation the judgment creditor may instead be entitled to apply for an order for sale under section 14 of the Trusts of Land and Appointment of Trustees Act 1996.]
SECTION II - STOP NOTICES
5. | A sample form of stop notice is set out in Appendix B to this practice direction.
## APPENDIX A ## ### Order of sale following a charging order PDF ## APPENDIX B ## ### Stop Notice PDF

CIVIL MATTERS PAGE | LCD HOMEPAGE | CPR HOMEPAGE | SEARCH
© Crown Copyright 2001