The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in force with effect from 6 April 2016.
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 straightforward charging order applications via issue in the County Court Money Claims Centre (CCMCC), with such applications being dealt with by a court officer and only referred for judicial consideration if requested. Similarly, the requirement for a hearing to determine the making of an interim charging order final is dispensed with in straight forward cases, again, unless requested otherwise (for guidance on procedure regarding charging orders in the County Court Money Claims Centre (CCMCC), see Practice Note: Charging orders—procedure in the County Court Money Claims Centre (CCMCC cases)).
Although not specifically stated by the Civil Procedure Rules Committee (CPRC), it is considered that the existing case law on applying for and obtaining charging orders and the scope of COA 1979, as detailed below, remains applicable.
The new procedure applies to all
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