Q&As

When making an application for a charging order on land under CPR 73, is permission from the court for service outside of the jurisdiction required where one of the interested parties (who is not the judgment debtor) resides in Switzerland?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 02/06/2016

The following Property Q&A Produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • When making an application for a charging order on land under CPR 73, is permission from the court for service outside of the jurisdiction required where one of the interested parties (who is not the judgment debtor) resides in Switzerland?

For the purposes of this Q&A, we have assumed that there are no other proceedings between the same parties in any other part of the UK or any other Lugano Convention (the Convention) territory (within the meaning of CPR 6.31), and that the other ‘interested party’ you refer to is a co-owner of the property against which the charging order is sought.

CPR 73.7(1) states:

'Where the interim charging order has been made at the County Court Money Claims Centre and has not been transferred out of that Centre under rule 73.4(6) for a hearing, copies of the interim charging order, the application notice and any documents filed in support of it must be served by the judgment creditor on the persons listed in paragraph (7) within 21 days of the date of the interim charging order.'

The list of persons in paragraph (7) includes (among others): (a) the judgment debtor; and (b) if the order relates to an interest in land, any co-owner.

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