Rule 73.10C Enforcement of charging order by saleF1F2
Subject to the provisions of any enactment, 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 F3Civil National Business Centre a claim for an order for sale under this rule must be made to the judgment debtor’s home court.
Subject to paragraph (2) a claim for an order for sale under this rule should be made to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale.
The claimant must use the Part 8 procedure.
A copy of the charging order must be filed with the claim form.
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 73.10C(2) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(i)
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)