Q&As

Is there a prescribed form for the statement of debt (including interest and costs) required to accompany the certificate of service of an interim charging order under CPR 73.7(2)?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on LexisPSL on 08/02/2017

The following Dispute Resolution Q&A produced in partnership with Jonathan Edwards of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Is there a prescribed form for the statement of debt (including interest and costs) required to accompany the certificate of service of an interim charging order under CPR 73.7(2)?
  • Applying for a charging order
  • After an interim order is made
  • Form of the CPR 73.7(2) statement

Is there a prescribed form for the statement of debt (including interest and costs) required to accompany the certificate of service of an interim charging order under CPR 73.7(2)?

Applying for a charging order

The procedural requirements for applications for charging orders are set out in Part 73 of the Civil Procedure Rules (the CPR) (CPR Part 73) and the associated practice direction. These do set out the use of a prescribed form for the making of the application for the charging order: form N379 where the property to be charged is land. If the application is satisfactory, the court will make an interim charging order without a hearing. Provided that it is not discharged, the judgment creditor has the security of the charge effective from the making of the interim charging order.

Since 6 April 2016, the procedure has been changed with the intention that straightforward applications which are not objected to will result in a final charging order also being made without a hearing. Such applications are dealt with by the County Court Money Claims Centre.

After an interim order is made

CPR 73.7(1) and CPR 73.7(5) provide that once an interim charging order is made the judgment creditor must, within 21 days, serve the order together with the application notice and supporting documents on certain persons. These persons are not only the judgment debtor, but also

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