Applying to vary or discharge a charging order
Applying to vary or discharge a charging order

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Applying to vary or discharge a charging order
  • How do the 6 April 2016 amendments to CPR 73 affect variation and discharge of a charging order?
  • Can you apply to discharge or vary a final charging order?
  • Who can apply to vary or discharge a charging order?
  • Final charging order made without a hearing in CCMCC cases
  • Final charging order made at a hearing
  • What can the court do in response to an application to vary or discharge a charging order?

This Practice Note considers how to apply to vary or discharge a charging order pursuant to CPR 73.10B in force as of 6 April 2016.

How do the 6 April 2016 amendments to CPR 73 affect variation and discharge of a charging order?

With effect from 6 April 2016 the procedure for seeking an interim and final charging order has changed, with amendment being made to CPR 73 and CPR PD 73 accordingly. The provisions of the Charging Orders Act 1979 (COA 1979) remain unchanged.

The aim of the changes is to centralise the process for dealing with straight forward charging order applications via issue in the County Court Money Claims Centre (CCMCC), with straight forward applications being dealt with by a court officer and only referred for judicial consideration if requested.

The revised regime applies to all applications for a charging order made on or after 6 April 2016.

The amendments are silent as to what happens where you wish to apply to vary or discharge a charging order obtained prior to that date, however, it is suggested that you should follow the regime set out in (revised) CPR 73.10B, see further: Charging orders—what are they and when to use them—CPR 73 in force as of 6 April 2016—Charging orders—the changes in force as from 6 April 2016.

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