Securities and funds in court—charging orders, stop orders and stop notices
Securities and funds in court—charging orders, stop orders and stop notices

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

  • Securities and funds in court—charging orders, stop orders and stop notices
  • When would you apply for a stop order or stop notice rather than a charging order?
  • Over what securities can you seek a charging order?
  • Procedure for obtaining a charging order over securities and funds in court
  • Preserving securities and funds in court—stop orders
  • Preserving securities—stop notices

This Practice Note is relevant if you are seeking to preserve the status quo and prevent (or be given notice of an intended) disposition of securities or prevent disposition of funds in court. Depending on the circumstances you can seek to do so by obtaining any of the following:

  1. a charging order over securities or over funds in court

  2. a stop order over securities or funds in court

  3. a stop notice over securities (you cannot obtain a stop notice over funds held in court)

Charging orders, stop orders and stop notices are governed by the Charging Orders Act 1979 (COA 1979), CPR 73 and CPR PD 73. The amendments to CPR 73 and CPR PD 73 of 6 April 2016 did not extend to any amendment to the provisions covering stop notices and stop orders.

When would you apply for a stop order or stop notice rather than a charging order?

A stop notice can only be applied for in relation to securities (not funds in court). It can be sought where you claim a beneficial entitlement to securities held in another's name. If issued, the stop notice requires you to be given notice of any intended dealing in those securities. It does not prevent that dealing from taking place but it does give you 14 days in which to seek