Rule 73.4 Interim charging order – Civil National Business CentreF1F2F4
England and Wales
This rule applies where an application for a charging order is made to the F3Civil National Business Centre.
The application for a charging order will initially be dealt with without a hearing.
Where—
the application is only for a charging order on the judgment debtor’s interest in land; and
none of the exceptions listed in paragraph (4) apply,
the application may initially be dealt with by a court officer.
The exceptions referred to are—
an application under section 2(1)(b)(i) of the 1979 Act;
an application for a charging order on the interest of a partner in the partnership property under section 23 of the Partnership Act 1890;
where an instalment order has been made before 1 October 2012;
where the court officer otherwise considers that the application should be dealt with by a judge.
The court officer may make an interim charging order imposing a charge over the judgment debtor’s interest in the asset to which the application relates.
The judge may make an interim charging order—
imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and
if the judge considers it appropriate at that stage, transferring the application to the judgment debtor’s home court for the fixing of a hearing to consider whether to make a final charging order as provided by rule 73.10A(3)(a).
Where a matter has been transferred under paragraph (6), the court must serve notice of the hearing on the judgment creditor and all persons served with the interim charging order under rule 73.7.
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 73.4(1) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(c)
- F4
Words in rule 73.4 heading substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(c)
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)