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PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK BEFORE [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge] [name] Dated: [date] Between [insert name]        Claimant/Applicant and [insert name]        Defendant/Respondent _______________________________________________________________________________________ [Draft] ORDER FOR AN ANTI ENFORCEMENT INJUNCTION _______________________________________________________________________________________ PENAL NOTICE [ This Order [prohibits you, [insert name of respondent], from doing OR obliges you, [insert name of respondent], to do] the acts set out below. If you disobey this Order you may be held in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law. OR This Order [prohibits you, [insert name of respondent], from doing OR obliges you, [insert name of respondent], to do] the acts set out below. If you (or any director or officer of [insert name of respondent]) disobey this Order you (or your director(s) or officer(s)) may be held in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK before [The
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE] [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] OR [Insert court, list or sub-list and venue as appropriate] THE
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK before [The
PRACTICE NOTES
This Practice Note considers how to apply for an order for sale to enforce a charging order pursuant to CPR 73.10C. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further in the section: Court specific guidance below. The rules were amended with effect from 6 April 2016. However, it is suggested that where you are applying for an order for sale to enforce a charging order which was made prior to 6 April 2016 you should still follow the regime set out in the (amended) CPR 73, see Practice Note: Pre-6 April 2016—charging orders—what are they and when to use them [Archived]. For guidance on how to obtain a charging order, see Practice Notes: Charging orders—how and where to apply and Charging orders—procedure. Why seek an order for sale to enforce a charging order? A charging order only secures the judgment debt, it
PRACTICE NOTES
This Practice Note provides guidance as to conducting the sale under an order for sale pursuant to a charging order, including the method of sale (private treaty, auction, etc), issues pending completion of the sale, for example vacant possession, termination of tenancies and paying off incumbrances, and applying the proceeds of sale. Once a charging order has been obtained, the creditor has a degree of security for the debt (although in some cases this may be limited—see Practice Note: Charging orders over land—registration issues). If the debt remains unpaid the next step for the creditor is to enforce the order against the debtor. Subject to the provisions of the Charging Orders Act 1979, a charging order takes effect and is enforceable in the same manner as an equitable charge. In practice, enforcement means obtaining an order for sale. Obtaining an order for sale A charging order only secures the value of a judgment debt, it does not satisfy it. The next step after obtaining a final order is to seek satisfaction
PRECEDENTS
This drafting note is to assist with drafting an order providing security for costs. The order for security for costs should follow Form PF44, see: Form PF44. The draft order should be submitted to the court when making the application and marked draft. It should specify the scope of the proceedings for which security is ordered. CPR PD 23A para 6.5 provides that a case summary and draft order must be filed and served in multi-track cases. A case summary and draft order must also be filed and served in small, fast and intermediate track cases if the court directs this. Paragraph 1 of the order When requesting security, make sure that the order specifies: • the type of security being sought—generally, this will request that monies are paid into court. However, if the claimant does not have sufficient funds, alternatives should be considered. For guidance, see Practice
NEWS
Restructuring and Insolvency analysis: The court held that an order for service by alternative means against a Respondent residing outside of the jurisdiction did not amount to effective service as at the time the order under was made, the court did not have jurisdiction over the Respondent. An order for alterative service in relation to service abroad would only be valid where the court assumes jurisdiction over the Respondent by also granting permission to serve out. Written by Rebecca O'Callaghan, legal director, Addleshaw Goddard LLP.
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK before [The Honourable Mr Justice OR The Honourable Mrs
PRECEDENTS
ARCHIVED: This Precedent has been archived and is no longer maintained. For guidance on creating a draft order for an interim application, see Practice Note: Creating a draft order for an interim application. Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify
PRECEDENTS
ARCHIVED: This Precedent has been archived and is no longer maintained. For guidance on creating a draft order for an interim application, see Practice Note: Creating a draft order for an interim application. Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]