Section 73.4

This rule applies where an application for a charging order is made to the Civil National Business Centre. The application for a charging order will initially be dealt with without a hearing. Where— the application may initially be dealt with by a court officer. the application is only for a charging order on the judgment debtor’s interest in land; and none of the exceptions listed in paragraph (4) apply, The exceptions referred to are— an application under section 2(1)(b)(i) of the 1979 Act; an application for a charging order on the interest of a partner in the partnership property under section 23 of the Partnership Act 1890; where an instalment order has been made before 1 October 2012; where the court officer otherwise considers that the application should be dealt with by a judge. The court officer may make an interim charging order imposing a charge over the judgment debtor’s interest in the asset to which the application relates. The judge may make an interim charging order— imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and if the judge considers it appropriate at that stage, transferring the application to the judgment debtor’s home court for the fixing of a hearing to consider whether to make a final charging order as provided by rule 73.10A(3)(a). Where a matter has been transferred under paragraph (6), the court must serve notice of the hearing on the judgment creditor and all persons served with the interim charging order under rule 73.7.

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Source: legislation.gov.uk · retrieved 2026-08-15