Rule 73.10A Further consideration of the application where interim charging order was made other than at the Civil National Business Centre, or has been transferred out of that Centre under rule 73.4(6)F1F2F4
This rule applies where an interim charging order was made other than at the F3Civil National Business Centre or has been transferred out of that Centre under rule 73.4(6).
If any person objects to the court making a final charging order, that person must—
file; and
serve on the judgment creditor,
written evidence stating the grounds of objection, not less than 7 days before the hearing.
At the hearing the court may—
make a final charging order confirming that the charge imposed by the interim charging order continues, with or without modification;
discharge the interim charging order and dismiss the application;
decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the court making a final charging order;
direct a trial of any such issues, and if necessary give directions; or
make such other order as the court considers appropriate.
If the court makes a final charging order which charges securities other than securities held in court, the order must include a stop notice unless the court otherwise orders.
(Section III of this Part contains provisions about stop notices.)
Any order made at the hearing must be served by the court on all the persons on whom the interim charging order was required to be served.
Annotations
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
Rules 73.1-73.10C substituted for rules 73.1-73.10 (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 14, Sch. 1 (with rule 24)
- F3
Words in rule 73.10A(1) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(g)
- F4
Words in rule 73.10A heading substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(g)
Notes on Part 73
Textual amendments
- F2
Words in Pt. 73 Table of Contents substituted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 15 (with rule 24)
- F3
Words in Pt. 73 Table of Contents substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(a)
- F4
Words in Pt. 73 Table of Contents inserted (30.3.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(2), 9(1)
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)
- C2
Pt. 73 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.25 (with rules 2.1, 33.1(1)) (as amended (22.4.2014) by S.I. 2014/667, rules 1, 43 (with rule 45)
- C3
Pt. 73 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(d), 24.6(1)