What is the effect of interim charging orders?
What is the effect of interim charging orders?

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

  • What is the effect of interim charging orders?
  • Interim charging orders—general effects and consequences
  • Registering an interim charging order made in relation to land
  • The effect of interim charging orders in relation to securities and funds in court

This Practice Note considers the effect of the court making an interim charging order pursuant to the regime under CPR 73 in force as of 6 April 2016.

Interim charging orders—general effects and consequences

As seen in Practice Note: Charging orders—how and where to apply and related content on applying for a charging order, CPR 73 provides subtly different processes depending on whether your application is proceeding in the County Court Money Claims Centre (CCMCC) or another court venue (such as the judgment debtor's home court or the High Court).

To assist users with understanding the different processes, the Civil Procedure Rules Committee (CPRC) provided with their November 2015 minutes a flowchart guide (see Practice Note: Minutes of the CPR Committee meeting of 13 November 2015 [Archived]). This flowchart has not been produced with the amended CPR 73 or CPR PD 73.

This flowchart suggests that where the CCMCC issues an interim charging order on paper (ie without judicial involvement) that it will take effect as an 'unless order' bearing the wording 'unless you respond within [x] days - a charging order will be made.' However it is noted that this wording or effect as an unless order has not been stipulated within the amended CPR 73 coming into force on 6 April 2016.

However, it is understood that the proposed form