Rule 73.17 Request for stop noticeF1

(1)

The High Court may, on the request of any person claiming to be beneficially entitled to an interest in securities, issue a stop notice.

(A stop notice may also be included in a final charging order, by either the High Court or F2the County Court, under rule F373.10(8) or 73.10A(4).)

(2)

A request for a stop notice must be made by filing—

(a)

a draft stop notice; and

(b)

written evidence which—

(i)

identifies the securities in question;

(ii)

describes the applicant’s interest in the securities; and

(iii)

gives an address for service for the applicant.

(A sample form of stop notice is annexed to F4Practice Direction 73.)

(3)

If a court officer considers that the request complies with paragraph (2), he will issue a stop notice.

(4)

The applicant must serve copies of the stop notice and his written evidence on the person to whom the stop notice is addressed.

Annotations

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: Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)
F3: Words in rule 73.17 substituted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 17 (with rule 24)
F4: Words in rule 73.17 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 47(a)(ii)

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)

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)