Rule 73.12 Application for stop orderF1

(1)

The High Court may make—

(a)

a stop order relating to funds in court, on the application of any person—

(i)

who has a mortgage or charge on the interest of any person in the funds; or

(ii)

to whom that interest has been assigned; or

(iii)

who is a judgment creditor of the person entitled to that interest; or

(b)

a stop order relating to securities other than securities held in court, on the application of any person claiming to be beneficially entitled to an interest in the securities.

(2)

An application for a stop order must be made—

(a)

by application notice in existing proceedings; or

(b)

by Part 8 claim form if there are no existing proceedings in the High Court.

(3)

The application notice or claim form must be served on—

(a)

every person whose interest may be affected by the order applied for; and

(b)

either—

(i)

the Accountant General at the Court Funds Office, if the application relates to funds in court; or

(ii)

the person specified in rule F273.7(7)(f), if the application relates to securities other than securities held in court.

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: Word in rule 73.12(3)(b)(ii) substituted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 16 (with rule 24)

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)