Charging orders—hearing to determine whether to make an interim charging order final
Charging orders—hearing to determine whether to make an interim charging order final

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

  • Charging orders—hearing to determine whether to make an interim charging order final
  • When will there be a hearing to determine when to make an interim charging order final?
  • Who needs to attend the hearing at which the court will decide whether to make the interim charging order final?
  • The court's discretion to make an interim charging order final—objections
  • Final charging orders—costs, interest and consequential matters
  • Amending a final charging order
  • Final charging order over land—registering the charge

This Practice Note considers the procedure in relation to obtaining charging orders pursuant to the revised CPR 73 and CPR PD 73 in effect as from 6 April 2016.

When will there be a hearing to determine when to make an interim charging order final?

As seen in Practice Note: Charging orders—how and where to apply and related content, the process for applying for a charging order encompasses a two stage process, with a divergence between applications proceeding in the County Court Money Claims Centre (CCMCC) and those proceeding in other court venues (such as the judgment debtor's home court or the High Court). In both types of case, however, there will be opportunity for the court to convene a hearing to determine whether to make an interim charging order final:

  1. in CCMCC charging order cases—if the judge transfers the matter to the judgment debtor's home court for a hearing or objections are received in response to the making of the interim charging order (see Practice Note: Charging orders—procedure in the County Court Money Claims Centre (CCMCC cases))

  2. in non-CCMCC charging order 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 (see Practice