Charging orders—procedure in non-CCMCC cases
Charging orders—procedure in non-CCMCC cases

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

  • Charging orders—procedure in non-CCMCC cases
  • Scope of this Practice Note—charging orders—procedure in non-CCMCC cases
  • Charging order applications in non-CCMCC cases—initial judicial determination on paper
  • Interim charging order made in non-CCMCC cases—service of documents by judgment creditor
  • Interim charging order in non-CCMCC cases—process for further consideration prior to final charging order being made
  • Interim charging order in non-CCMCC cases—hearing to determine whether to make the charging order final
  • Charging order in non-CCMCC cases—final charging order over securities—stop notice
  • Court specific guidance

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

Scope of this Practice Note—charging orders—procedure in non-CCMCC cases

This Practice Note sets out 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.

Before reading this Practice Note you should first read the Practice Note: Charging orders—how and where to apply for guidance on how and where to make the application for a charging order and the distinction between County Court Money Claim Centre (CCMCC) charging order cases and non-CCMCC charging order cases.

This Practice Note explains what happens in a non-CCMCC charging order case once the application has been received by the court and the initial court considerations have been completed.

It applies to all non-CCMCC cases, ie those:

  1. issued at the CCMCC but which, under CPR 73.4(6), have been transferred to the judgment debtor's home court for further judicial direction

  2. applications for charging orders in County Court cases where the charge is sought over an interest in a fund in court

  3. applications for charging orders in the High Court or the Family Court

Charging