Charging orders—who serves interim and final charging orders?
Charging orders—who serves interim and final charging orders?

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

  • Charging orders—who serves interim and final charging orders?
  • Service of application for a charging order
  • Judgment creditor serves interim charging order
  • Who must the judgment creditor serve the documents on?
  • When will the court serve documents in a charging order matter?

This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.

This Practice Note considers who is to serve what documents on which parties when:

  1. applying for an interim charging order

  2. the court orders an interim charging order

  3. the court orders a final charging order

For guidance on how to make an application for a charging order and its progress through the court system, see Practice Note: Charging orders—how and where to apply and related content.

Service of application for a charging order

An application for a charging order may be made without notice and therefore there are no service requirements in relation to the application notice (CPR 73.3(1)). Rather, requirements as to service of the application notice are provided for once the interim charging order has been obtained (CPR 73.7(1) and CPR 73.7(5)) on which see below.

Judgment creditor serves interim charging order

The provisions as to who is to serve the interim charging order, by when and on whom are all set out in CPR 73.7.

Regardless of whether the charging order application is proceeding as a CCMCC charging order case or a non-CCMCC charging order case (see Practice Note: Charging orders—how and where to apply), the responsibility for serving the interim charge rests with the