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Rule 72.3 Application for third party debt orderC1F1

(1)

An application for a third party debt order—

(a)

may be made without notice; and

(F2b)

must be issued in the court which made the judgment or order which it is sought to enforce, except that—

(i)

if the proceedings have since been transferred to a different court, it must be issued in that court; or

(ii)

subject to subparagraph (b)(i), if it is to enforce a judgment made in F3the F4Civil National Business Centre , it must be issued in accordance with section 2 of Practice Direction 70.

(2)

The application notice must—

(a)
(i)

be in the form; and

(ii)

contain the information

required by F5Practice Direction 72; and

(b)

be verified by a statement of truth.

Annotations

Textual amendments

F1

Pt. 72 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 3 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))

F2

Rule 72.3(1)(b) substituted (19.3.2012) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 4

F3

Words in rule 72.3(1)(b)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 32(a) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)

F4

Words in rule 72.3(1)(b)(ii) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 30

F5

Words in rule 72.3(2)(a) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 46

Modifications

C1

Pt. 72 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

Notes on Part 72

Modifications

C1

Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)

C3

Pt. 72 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.24 (with rules 2.1, 33.1(1)) (as amended by S.I. 2014/667, rules 1, 423 (with rule 45)

C4

Pt. 72 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(c), 24.6(1)