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Rule 73.3 Application for charging orderF1F2

England and Wales

(1)

An application for a charging order may be made without notice.

(2)

Where an application for a charging order is to be made to the County Court, it must be made to the F3Civil National Business Centre unless the application is for a charging order over an interest in a fund in court.

(3)

An application to the County Court for a charging order over an interest in a fund in court must be made to the County Court hearing centre where the order or judgment was made.

(Section 1 of the 1979 Act sets out when applications are to be made to the County Court and when they are to be made to the Family Court or the High Court.)

(4)

Subject to paragraphs (2) and (3), a judgment creditor may apply for a single charging order in respect of more than one judgment or order against the same judgment debtor.

(5)

The application notice must—

(a)

be in the form and contain the information required by Practice Direction 73; and

(b)

be verified by a statement of truth.

F4(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 73.3(2) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(b)

F4

Rule 73.3(8) moved to become rule 73.7(8) (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 36

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)