Rule 40.15 Request for a 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 the family court under rule 40.8(3).)

(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 Practice Direction 40A.)

(3)

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

(4)

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

Annotations

F1: Pt. 40 inserted (6.4.2016) by The Family Procedure (Amendment) Rules 2016 (S.I. 2016/355), rules 1(2), 8(b), Sch. 2 (with rule 9)