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The charging orders regime under CPR 73 and CPR PD 73 changed with effect from 6 April 2016. Under the new regime it is intended that all straight forward applications for charging order should be made in the County Court Money Claims Centre (CCMCC) where they will be processed and the Interim Order made by a Court Officer. The District Judge will then grant the Final Order without a hearing unless the parties request judicial intervention. Jane Dunlop, partner at Clarke Willmott LLP, considers the new regime.
The forms are staying the same, albeit they have been amended. So it is Form N379 to apply for a charging order over land; form N380 for a charging order over securities
If you are seeking a charging order:
Regardless of which court you apply to for your charging order, once the interim charging order has been made the court will require you (the applicant) to serve it. For this purpose we recommend that when applying you file two copies of your completed
application form and all supporting documents so that the court can return one sealed set to you, which you can then photocopy and serve on the relevant parties.
This is provided for in CPR 73.7(7). There are deadlines for serving the documents and producing a certificate of service. Note, under the new regime, regardless of whether you are applying for a charging order over land, securities or funds in court,
the list of people on whom you need to serve the interim order now includes the judgment debtor’s spouse or civil partner (if known).
It is anticipated that straight forward applications for charging orders should be capable of being dealt with in the CCMCC as a wholly administrative function, with judicial intervention only being required in complex cases (including those where
the charging order is sought over securities or funds in court) or those who start in a court venue other than the CCMCC.
If the application is proceeding in the CCMCC, a court hearing will be convened if objections are received to the making of an interim charging order and/or the judge transfers the matter to the judgment debtor’s home court for a hearing.
In non-CCMCC cases, under CPR 73.10A the court will convene a hearing to determine whether to make the interim charge final regardless of whether or not objections were received to the making of the interim charging order.
In addition to the continued use of the same form numbers in making your application, those matters which remain the same are:
Lexis®PSL Dispute Resolution subscribers can enjoy our Practice Note on Charging Orders.
Click here for a free trial to access if you are not a PSL subscriber.
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