Rule 40.8 Further consideration of the applicationF1

(1)

If any person objects to the court making a final charging order, that person must—

(a)

file; and

(b)

serve on the creditor,

written evidence stating the grounds of objection, not less than 7 days before the hearing.

(2)

At the hearing, the court may—

(a)

make a final charging order confirming that the charge imposed by the interim charging order continues, with or without modification;

(b)

discharge the interim charging order and dismiss the application;

(c)

decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the court making a final charging order;

(d)

direct a trial of any such issues, and if necessary give directions; or

(e)

make such other order as the court considers appropriate.

(3)

If the court makes a final charging order which charges securities, the order must include a stop notice unless the court otherwise orders.

(Chapter 4 of this Part contains provision about stop notices.)

(4)

Any order made at the hearing must be served by the creditor on all the persons on whom the interim charging order was served.

Annotations

Textual amendments

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)