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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(iii) for the apportionment of salvage; and

(iv) arising out of or connected with any contract for salvage services;

(g) “caution against arrest” means a caution entered in the Register under rule 61.7;

(h) “caution against release” means a caution entered in the Register under rule 61.8;

(i) “the Register” means the Register of cautions against arrest and release which is open to inspection as provided by Practice Direction 61;

(j) “the Marshal” means the Admiralty Marshal;

(k) “ship” includes any vessel used in navigation; ...

(l) “the Registrar” means the Admiralty Registrar; and

(m) “electronic track data” means a digital or electronic recording of the track of a vessel (including any associated visual or aural recordings) as recorded by, for example, ship or shore-based AIS (Automatic Identification System), ECDIS (Electronic Chart and Display Information System), or a voyage data recorder.

(3) Part 58 (Commercial Court) applies to claims in the Admiralty Court except where this Part provides otherwise.

(4) The Registrar has all the powers of the Admiralty judge except where a rule or practice direction provides otherwise.

Admiralty claims

61.2

(1) The following claims must be started in the Admiralty Court—

(a) a claim—

(i) in rem;

(ii) for damage done by a ship;

(iii) concerning the ownership of a ship;

(iv) under the Merchant Shipping Act 1995;

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) by a master or member of a crew for wages;

(vii) in the nature of towage; or

(viii) in the nature of pilotage;

(b) a collision claim;

(d) a salvage claim.

(2) Any other admiralty claim may be started in the Admiralty Court and a claim for loss of life or personal injury specified in section 20(2)(f) of the Senior Courts Act 1981 should be started in the Admiralty Court in the circumstances set out in Practice Direction 61.

(3) Rule 30.5 applies to claims in the Admiralty Court except that the Admiralty Court may order the transfer of a claim to—

(a) the Commercial Court;

(b) a Circuit Commercial Court; or

(d) any other appropriate court.

Claims in rem

61.3

(1) This rule applies to claims in rem.

(2) A claim in rem is started by the issue of an in rem claim form as set out in Practice Direction 61.

(3) Subject to rule 61.4, the particulars of claim must—

(a) be contained in or served with the claim form; or

(b) be served on the defendant by the claimant within 75 days after service of the claim form.

(4) An acknowledgment of service must be filed within 14 days after service of the claim form.

(5) The claim form must be served—

(a) in accordance with Practice Direction 61; and

(b) within 12 months after the date of issue and rules 7.5 and 7.6 are modified accordingly.

(6) If a claim form has been issued (whether served or not), any person who wishes to defend the claim may file an acknowledgment of service.

Special provisions relating to collision claims

61.4

(1) This rule applies to collision claims.

(2) A claim form should not contain or be followed by particulars of claim and rule 7.4 does not apply.

(3) An acknowledgment of service must be filed.

(4) A party who wishes to dispute the court’s jurisdiction must make an application under Part 11 within 2 months after filing his acknowledgment of service.

(4A) Every party must—

(a) within 21 days after the defendant files their acknowledgment of service; or

(b) where the defendant applies under Part 11, within 21 days after the defendant files their further acknowledgment of service,

disclose any electronic track data which is or has been in its control, in accordance with Part 31, and ... provide copies, or permit inspection, of that electronic track data within 7 days of a request by another party to do so.

(5) Every party must—

(a) within 2 months after the defendant files the acknowledgment of service; or

(b) where the defendant applies under Part 11, within 2 months after the defendant files the further acknowledgment of service,

file at the court a completed collision statement of case in the form specified in Practice Direction 61.

(6) A collision statement case must—

(a) be in a form set out in Practice Direction 61

(b) contain the matters set out in Practice Direction 61; and

(6A) Each party must file a collision defence in respect of each collision statement of case filed by another party.

(6B) A party’s collision defence must—

(a) be filed within 28 days of service of the relevant collision statement of case on that party;

(b) comply with the requirements set out in Practice Direction 61; and

(6C) A party may file a collision reply to a collision defence filed by another party.

(6D) A party’s collision reply must—

(a) be filed within 21 days of service of the relevant collision defence on that party; and

(b) be verified by a statement of truth.

(7) A claim form in a collision claim in personam may not be served out of the jurisdiction unless—

(a) the case falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981; or

(b) the defendant has submitted to or agreed to submit to the jurisdiction; andthe court gives permission in accordance with Section IV of Part 6 ; or

(8) Where permission to serve a claim form out of the jurisdiction is given, the court will specify the period within which the defendant may file an acknowledgment of service and, where appropriate, a collision statement of case.

(9) Where, in a collision claim in rem (“the original claim”)—

(a) arising out of the same collision or occurrence is made; and

(i) a counterclaim; or

(ii) a cross claim in rem

(b) the party bringing the counterclaim or cross claim may apply to the court to stay the original claim until sufficient security is given to satisfy any judgment that may be given in favour of that party.

(i) the party bringing the original claim has caused the arrest of a ship or has obtained security in order to prevent such arrest; and

(ii) the party bringing the counterclaim or cross claim is unable to arrest a ship or otherwise obtain security,

(10) The consequences set out in paragraph (11) apply where a party to a claim to establish liability for a collision claim (other than a claim for loss of life or personal injury)—

(a) makes an offer to settle in the form set out in paragraph (12) not less than 21 days before the start of the trial;

(b) that offer is not accepted; and

(11) Where paragraph (10) applies the parties will, unless the court considers it unjust, be entitled to the following costs—

(a) the maker of the offer will be entitled to—

(i) all his costs from 21 days after the offer was made; and

(ii) his costs before then in accordance with the apportionment found at trial; and

(b) all other parties to whom the offer was made—

(i) will be entitled to their costs up to 21 days after the offer was made in accordance with the apportionment found at trial; but

(ii) will not be entitled to their costs thereafter.

(12) An offer under paragraph (10) must be in writing and must contain—

(a) an offer to settle liability at stated percentages;

(b) an offer to pay costs in accordance with the same percentages;

(d) a term that, unless the court orders otherwise, on expiry of that period the offer remains open on the same terms except that the offeree should pay all the costs from that date until acceptance.

Arrest

61.5

(1) In a claim in rem—

(a) a claimant; and

(b) a judgment creditor

may apply to have the property proceeded against arrested.

(2) Practice Direction 61 sets out the procedure for applying for arrest.

(3) A party making an application for arrest must—

(a) request a search to be made in the Register before the warrant is issued to determine whether there is a caution against arrest in force with respect to that property; and

(b) file a declaration in the form set out in Practice Direction 61.

(4) A warrant of arrest may not be issued as of right in the case of property in respect of which the beneficial ownership, as a result of a sale or disposal by any court in any jurisdiction exercising admiralty jurisdiction in rem, has changed since the claim form was issued.

(5) A warrant of arrest may not be issued against a ship owned by a State where by any convention or treaty, the United Kingdom has undertaken to minimise the possibility of arrest of ships of that State until—

(a) notice in the form set out in Practice Direction 61 has been served on a consular officer at the consular office of that State in London or the port at which it is intended to arrest the ship; and

(b) a copy of that notice is attached to any declaration under paragraph (3)(b).

(6) Except—

(a) with the permission of the court; or

(b) where notice has been given under paragraph (5),

a warrant of arrest may not be issued in a claim in rem against a foreign ship belonging to a port of a State in respect of which an order in council has been made under section 4 of the Consular Relations Act 1968, until the expiration of 2 weeks from appropriate notice to the consul.

(7) A warrant of arrest is valid for 12 months but may only be executed if the claim form—

(a) has been served; or

(b) remains valid for service at the date of execution.

(8) Property may only be arrested by the Marshal or his substitute.

(9) Property under arrest—

(a) may not be moved unless the court orders otherwise; and

(b) may be immobilised or prevented from sailing in such manner as the Marshal may consider appropriate.

(10) Where an in rem claim form has been issued and security sought, any person who has filed an acknowledgment of service may apply for an order specifying the amount and form of security to be provided.

Security in claim in rem

61.6

(1) This rule applies if, in a claim in rem, security has been given to—

(a) obtain the release of property under arrest; or

(b) prevent the arrest of property.

(2) Unless the terms on which security has been given provide otherwise, the court may order that—

(a) the amount of security be reduced, and may stay the claim until the order is complied with; or

(b) the amount of security be increased, and may give the claimant permission to arrest or re-arrest the property proceeded against to obtain further security.

(3) The court may not make an order under paragraph (2)(b) if the total security to be provided would exceed the value of the property at the time—

(a) of the original arrest; or

(b) security was first given (if the property was not arrested).

Cautions against arrest

61.7

(1) Any person may file a request for a caution against arrest.

(2) When a request under paragraph (1) is filed the court will enter the caution in the Register if the request is in the form set out in Practice Direction 61 and—

(a) the person filing the request undertakes—

(i) to file an acknowledgment of service; and

(ii) to give sufficient security to satisfy the claim with interest and costs; or

(b) where the person filing the request has constituted a limitation fund in accordance with Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976 he—

(i) states that such a fund has been constituted; and

(ii) undertakes that the claimant will acknowledge service of the claim form by which any claim may be begun against the property described in the request.

(3) A caution against arrest—

(a) is valid for 12 months after the date it is entered in the Register; but

(b) may be renewed for a further 12 months by filing a further request.

(4) Paragraphs (1) and (2) apply to a further request under paragraph (3)(b).

(5) Property may be arrested if a caution against arrest has been entered in the Register but the court may order that—

(a) the arrest be discharged; and

(b) the party procuring the arrest pays compensation to the owner of or other persons interested in the arrested property.

Release and cautions against release

61.8

(1) Where property is under arrest—

(a) an in rem claim form may be served upon it; and

(b) it may be arrested by any other person claiming to have an in rem claim against it.

(2) Any person who—

(a) claims to have an in rem right against any property under arrest; and

(b) wishes to be given notice of any application in respect of that property or its proceeds of sale,

may file a request for a caution against release in the form set out in Practice Direction 61.

(3) When a request under paragraph (2) is filed, a caution against release will be entered in the Register.

(3A) A caution against release—

(a) is valid for 12 months after the date it is entered in the Register; and

(b) may be renewed for a further 12 months by filing a further request.

(4) Property will be released from arrest if—

(a) it is sold by the court;

(b) the court orders release on an application made by any party;

(i) the arresting party; and

(ii) all persons who have entered cautions against release

(d) any party files—

(i) a request for release in the form set out in Practice Direction 61 (containing an undertaking); and

(ii) consents to the release of the arresting party and all persons who have entered cautions against release.

(5) Where the release of any property is delayed by the entry of a caution against release under this rule any person who has an interest in the property may apply for an order that the person who entered the caution pay damages for losses suffered by the applicant because of the delay.

(6) the court may not make an order under paragraph (5) if satisfied that there was good reason to—

(a) request the entry of; and

(b) maintain

the caution.

(7) Any person—

(a) interested in property under arrest or in the proceeds of sale of such property; or

(b) whose interests are affected by any order sought or made,

may be made a party to any claim in rem against the property or proceeds of sale.

(8) Where—

(i) a ship is not under arrest but cargo on board her is; or

(ii) a ship is under arrest but cargo on board her is not; and

(b) persons interested in the ship or cargo wish to discharge the cargo,

they may, without being made parties, request the Marshal to authorise steps to discharge the cargo.

(9) If—

(a) the Marshal considers a request under paragraph (8) reasonable; and

(b) the applicant gives an undertaking in writing acceptable to the Marshal to pay—

(i) his fees; and

(ii) all expenses to be incurred by him or on his behalf

on demand,

the Marshal will apply to the court for an order to permit the discharge of the cargo.

10

Where persons interested in the ship or cargo are unable or unwilling to give an undertaking as referred to in paragraph (9)(b), they may—

(a) be made parties to the claim; and

(b) apply to the court for an order for—

(i) discharge of the cargo; and

(ii) directions as to the fees and expenses of the Marshal with regard to the discharge and storage of the cargo.

Judgment in default

61.9

(1) In an admiralty claim the claimant may obtain judgment in default of—

(a) an acknowledgment of service only if at the date on which judgment is entered—

(i) the defendant has not filed an acknowledgment of service; and

(ii) the relevant time limit for doing so has expired;

(b) defence only if at the date on which judgment is entered—

(i) a defence has not been filed; and

(ii) the relevant time limit for doing so has expired.

(2) In a collision claim, a party who has filed a collision statement of case within the time specified by rule 61.4(5) may obtain judgment in default of a collision statement of case only if at the date on which judgment is entered—

(a) the party against whom judgment is sought has not filed a collision statement of case; and

(b) the time for doing so set out in rule 61.4(5) has expired.

(3) An application for judgment in default—

(a) in a claim in rem must be made by filing—

(i) an application notice as set out in Practice Direction 61;

(ii) a certificate proving service of the claim form; and

(iii) evidence proving the claim to the satisfaction of the court; and

(b) in a claim in personam must be made in accordance with Part 12 with any necessary modifications.

(4) An application notice seeking judgment in default and, unless the court orders otherwise, all evidence in support, must be served on all persons who have entered cautions against release on the Register.

(5) The court may set aside or vary any judgment in default entered under this rule.

(6) The claimant may apply to the court for judgment against a party at whose instance a notice against arrest was entered where—

(a) the claim form has been served on that party;

(b) the sum claimed in the claim form does not exceed the amount specified in the undertaking given by that party in accordance with rule 61.7(2)(a)(ii); and

Sale by the court, priorities and payment out

61.10

(1) An application for an order for the survey, appraisement or sale of a ship may be made in a claim in rem at any stage by any party.

(2) Unless the court is satisfied that there is good reason not to do so, if the court makes an order for sale, it must set—

(a) ... a time within which notice of claims against the proceeds of sale must be filed; and

(b) the time and manner in which that time limit must be advertised.

(3) Any party with a judgment against the property or proceeds of sale may at any time after the time referred to in paragraph (2) apply to the court for the determination of priorities.

(4) An application notice under paragraph (3) must be served on all persons who have filed a claim against the property.

(5) Payment out of the proceeds of sale will be made only to judgment creditors and—

(a) in accordance with the determination of priorities; or

(b) as the court orders.

Limitation claims

61.11

(1) This rule applies to limitation claims.

(2) A claim is started by the issue of a limitation claim form as set out in Practice Direction 61.

(3) The—

(a) claimant; and

(b) at least one defendant

must be named in the claim form, but all other defendants may be described.

(4) The claim form—

(a) must be served on all named defendants and any other defendant who requests service upon him; and

(b) may be served on any other defendant.

(5) The claim form may not be served out of the jurisdiction unless—

(a) the claim falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981;

(b) the defendant has submitted to or agreed to submit to the jurisdiction of the court; or

the court grants permission in accordance with Section IV of Part 6 ; or

(d) rule 6.33 applies.

(6) An acknowledgment of service is not required.

(7) Every defendant upon whom a claim form is served must—

(a) within 28 days of service file—

(i) a defence; or

(ii) a notice that the defendant admits the right of the claimant to limit liability; or

(b) if the defendant wishes to—

(i) dispute the jurisdiction of the court; or

(ii) argue that the court should not exercise its jurisdiction,

file within 14 days of service (or where the claim form is served out of the jurisdiction, within the time specified in rule 6.35) an acknowledgment of service as set out in Practice Direction 61.

(8) If a defendant files an acknowledgment of service under paragraph (7)(b) he will be treated as having accepted that the court has jurisdiction to hear the claim unless he applies under Part 11 within 14 days after filing the acknowledgment of service.

(9) Where one or more named defendants admits the right to limit—

(a) the claimant may apply for a restricted limitation decree in the form set out in Practice Direction 61; and

(b) the court will issue a decree in the form set out in Practice Direction 61 limiting liability only against those named defendants who have admitted the claimant’s right to limit liability.

(10) A restricted limitation decree—

(a) may be obtained against any named defendant who fails to file a defence within the time specified for doing so; and

(b) need not be advertised, but a copy must be served on the defendants to whom it applies.

(11) Where all the defendants upon whom the claim form has been served admit the claimant’s right to limit liability—

(a) the claimant may apply to the Admiralty Registrar for a general limitation decree in the form set out in Practice Direction 61; and

(b) the court will issue a limitation decree.

(12) Where one or more of the defendants upon whom the claim form has been served do not admit the claimant’s right to limit, the claimant may apply for a general limitation decree in the form set out in Practice Direction 61.

(13) When a limitation decree is granted the court—

(a) may—

(i) order that any proceedings relating to any claim arising out of the occurrence be stayed;

(ii) order the claimant to establish a limitation fund if one has not been established or make such other arrangements for payment of claims against which liability is limited; or

(iii) if the decree is a restricted limitation decree, distribute the limitation fund; and

(b) will, if the decree is a general limitation decree, give directions as to advertisement of the decree and set a time within which notice of claims against the fund must be filed or an application made to set aside the decree.

(14) When the court grants a general limitation decree the claimant must—

(a) advertise it in such manner and within such time as the court directs; and

(b) file—

(i) a declaration that the decree has been advertised in accordance with paragraph (a); and

(ii) copies of the advertisements.

(15) No later than the time set in the decree for filing claims, each of the defendants who wishes to assert a claim must file and serve his statement of case on—

(a) the limiting party; and

(b) all other defendants except where the court orders otherwise.

(16) Any person other than a defendant upon whom the claim form has been served may apply to the court within the time fixed in the decree to have a general limitation decree set aside.

(17) An application under paragraph (16) must be supported by a declaration—

(a) stating that the applicant has a claim against the claimant arising out of the occurrence; and

(b) setting out grounds for contending that the claimant is not entitled to the decree, either in the amount of limitation or at all.

(18) The claimant may constitute a limitation fund by—

(a) making a payment into court;

(b) providing security in such form and on such terms as considered adequate by the court; or

the procedure for which, in each case, is set out in Practice Direction 61.

(19) A limitation fund may be established before or after a limitation claim has been started.

(20) If a limitation claim is not commenced within 75 days after the date the fund was established—

(a) the fund will lapse; ...

(b) all money in court (including interest) will be repaid to the person who made the payment into court ; and

(21) Money paid into court under paragraph (18) will not be paid out , nor will any security provided be discharged, except under an order of the court.

(22) A limitation claim for—

(a) a restricted decree may be brought by counterclaim; and

(b) a general decree may only be brought by counterclaim with the permission of the court.

Stay of proceedings

61.12

Where the court orders a stay of any claim in rem—

(a) any property under arrest in the claim remains under arrest; and

(b) any security representing the property remains in force,

unless the court orders otherwise.

Assessors

61.13

The court may sit with assessors when hearing—

(a) collision claims; ...

(b) other claims involving issues of navigation or seamanship ; or

and, whenever it does so, the parties will not be permitted to call expert witnesses unless the court orders otherwise.

PART 62 — ARBITRATION CLAIMS

Scope of this Part and interpretation	Rule 62.1
Interpretation	Rule 62.2
---	---
Starting the claim	Rule 62.3
Arbitration claim form	Rule 62.4
Service out of the jurisdiction	Rule 62.5
Notice	Rule 62.6
Case management	Rule 62.7
Stay of legal proceedings	Rule 62.8
Variation of time	Rule 62.9
Hearings	Rule 62.10
Scope of this Section	Rule 62.11
---	---
Application to Judge	Rule 62.12
Starting the claim	Rule 62.13
Claims in District Registries	Rule 62.14
Time limits and other special provisions about arbitration claims	Rule 62.15
Service out of the jurisdiction	Rule 62.16
Scope of this Section	Rule 62.17
---	---
Enforcement of awards	Rule 62.18
Interest on awards	Rule 62.19
Registration in High Court of foreign awards	Rule 62.20
Registration of awards under the Arbitration (International Investment Disputes) Act 1966	Rule 62.21

Scope of this Part and interpretation

62.1

(1) This Part contains rules about arbitration claims.

(2) In this Part—

(a) “the 1950 Act” means the Arbitration Act 1950;

(b) “the 1975 Act” means the Arbitration Act 1975;

(d) “the 1996 Act” means the Arbitration Act 1996;

(e) references to—

(i) the 1996 Act; or

(ii) any particular section of that Act

include references to that Act or to the particular section of that Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001; and

(f) “arbitration claim form” means a claim form in the form set out in Practice Direction 62.

(3) Part 58 (Commercial Court) applies to arbitration claims in the Commercial Court, Part 59 (Circuit Commercial Court) applies to arbitration claims in the Circuit Commercial Court and Part 60 (Technology and Construction Court claims) applies to arbitration claims in the Technology and Construction Court, except where this Part provides otherwise.

I CLAIMS UNDER THE 1996 ACT

Interpretation

62.2

(1) In this Section of this Part “arbitration claim” means—

(a) any application to the court under the 1996 Act;

(b) a claim to determine—

(i) whether there is a valid arbitration agreement;

(ii) whether an arbitration tribunal is properly constituted; or

what matters have been submitted to arbitration in accordance with an arbitration agreement;

(d) any other application affecting—

(i) arbitration proceedings (whether started or not); or

(ii) an arbitration agreement.

(2) This Section of this Part does not apply to an arbitration claim to which Sections II or III of this Part apply.

Starting the claim

62.3

(1) Except where paragraph (2) applies an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure.

(2) An application under section 9 of the 1996 Act to stay legal proceedings must be made by application notice to the court dealing with those proceedings.

(3) The courts in which an arbitration claim may be started are set out in Practice Direction 62.

(4) Rule 30.5 applies with the modification that a judge of the Technology and Construction Court may transfer the claim to any other court or specialist list.

Arbitration claim form

62.4

(1) An arbitration claim form must—

(a) include a concise statement of—

(i) the remedy claimed; and

(ii) any questions on which the claimant seeks the decision of the court;

(b) give details of any arbitration award challenged by the claimant, identifying which part or parts of the award are challenged and specifying the grounds for the challenge;

(d) specify under which section of the 1996 Act the claim is made;

(e) identify against which (if any) defendants a costs order is sought; and

(f) specify either—

(i) the persons on whom the arbitration claim form is to be served, stating their role in the arbitration and whether they are defendants; or

(ii) that the claim is made without notice under section 44(3) of the 1996 Act and the grounds relied on.

(2) Unless the court orders otherwise an arbitration claim form must be served on the defendant within 1 month from the date of issue and rules 7.5 and 7.6 are modified accordingly.

(3) Where the claimant applies for an order under section 12 of the 1996 Act (extension of time for beginning arbitral proceedings or other dispute resolution procedures), he may include in his arbitration claim form an alternative application for a declaration that such an order is not needed.

Service out of the jurisdiction

62.5

(1) Subject to paragraph (2A), the court may give permission to serve an arbitration claim form out of the jurisdiction if—

(a) the claimant seeks to—

(i) challenge; or

(ii) appeal on a question of law arising out of,

an arbitration award made within the jurisdiction;

(The place where an award is treated as made is determined by section 53 of the 1996 Act.)

(b) the claim is for an order under section 44 of the 1996 Act; or

(i) seeks some other remedy or requires a question to be decided by the court affecting an arbitration (whether started or not), an arbitration agreement or an arbitration award; and

(ii) the seat of the arbitration is or will be within the jurisdiction or the conditions in section 2(4) of the 1996 Act are satisfied.

(2) An application for permission under paragraph (1) must be supported by written evidence—

(a) stating the grounds on which the application is made; and

(b) showing in what place or country the person to be served is, or probably may be found.

(2A) An arbitration claim form falling within (1)(a) to (c) above may be served out of the jurisdiction without permission if—

(a) the seat of the arbitration is or will be in England and Wales; and

(b) the respondent is party to the arbitration agreement in question.

(3) Rules 6.34, 6.35 and 6.40 to 6.46 apply to the service of an arbitration claim form under paragraph (1) or (2A).

(4) An order giving permission to serve an arbitration claim form out of the jurisdiction must specify the period within which the defendant may file an acknowledgment of service.

Notice

62.6

(1) Where an arbitration claim is made under section 24, 28 or 56 of the 1996 Act, each arbitrator must be a defendant.

(2) Where notice must be given to an arbitrator or any other person it may be given by sending him a copy of—

(a) the arbitration claim form; and

(b) any written evidence in support.

(3) Where the 1996 Act requires an application to the court to be made on notice to any other party to the arbitration, that notice must be given by making that party a defendant.

Case management

62.7

(1) Part 26 and any other rule that requires a party to file a directions questionnaire does not apply.

(2) Arbitration claims are allocated to the multi-track.

(3) Part 29 does not apply.

(4) The automatic directions set out in Practice Direction 62 apply unless the court orders otherwise.

Stay of legal proceedings

62.8

(1) An application notice seeking a stay of legal proceedings under section 9 of the 1996 Act must be served on all parties to those proceedings who have given an address for service.

(2) A copy of an application notice under paragraph (1) must be served on any other party to the legal proceedings (whether or not he is within the jurisdiction) who has not given an address for service, at—

(a) his last known address; or

(b) a place where it is likely to come to his attention.

(3) Where a question arises as to whether—

(a) an arbitration agreement has been concluded; or

(b) the dispute which is the subject-matter of the proceedings falls within the terms of such an agreement,

the court may decide that question or give directions to enable it to be decided and may order the proceedings to be stayed pending its decision.

Variation of time

62.9

(1) The court may vary the period of 28 days fixed by section 70(3) of the 1996 Act for—

(a) challenging the award under section 67 or 68 of the Act; and

(b) appealing against an award under section 69 of the Act.

(2) An application for an order under paragraph (1) may be made without notice being served on any other party before the period of 28 days expires.

(3) After the period of 28 days has expired—

(a) an application for an order extending time under paragraph (1) must—

(i) be made in the arbitration claim form; and

(ii) state the grounds on which the application is made;

(b) any defendant may file written evidence opposing the extension of time within 7 days after service of the arbitration claim form; and

(c) if the court extends the period of 28 days, each defendant’s time for acknowledging service and serving evidence shall start to run as if the arbitration claim form had been served on the date when the court’s order is served on that defendant.

Hearings

62.10

(1) The court may order that an arbitration claim be heard either in public or in private.

(2) Rule 39.2 does not apply.

(3) Subject to any order made under paragraph (1)—

(a) the determination of—

(i) a preliminary point of law under section 45 of the 1996 Act; or

(ii) an appeal under section 69 of the 1996 Act on a question of law arising out of an award,

will be heard in public; and

(b) all other arbitration claims will be heard in private.

(4) Paragraph (3)(a) does not apply to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an application for permission to appeal under section 69(2)(b).

II OTHER ARBITRATION CLAIMS

Scope of this Section

62.11

(1) This Section of this Part contains rules about arbitration claims to which the old law applies.

(2) In this Section—

(a) “the old law” means the enactments specified in Schedules 3 and 4 of the 1996 Act as they were in force before their amendment or repeal by that Act; and

(b) “arbitration claim” means any application to the court under the old law and includes an appeal (or application for permission to appeal) to the High Court under section 1(2) of the 1979 Act.

(3) This Section does not apply to—

(a) a claim to which Section III of this Part applies; or

(b) a claim on the award.

Applications to Judge

62.12

A claim—

(a) seeking permission to appeal under section 1(2) of the 1979 Act;

(b) under section 1(5) of that Act (including any claim seeking permission); or

must be made in the High Court and will be heard by a judge of the Commercial Court unless any such judge directs otherwise.

Starting the claim

62.13

(1) Except where paragraph (2) applies an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure.

(2) Where an arbitration claim is to be made in existing proceedings—

(a) it must be made by way of application notice; and

(b) any reference in this Section of this Part to an arbitration claim form includes a reference to an application notice.

(3) The arbitration claim form in an arbitration claim under section 1(5) of the 1979 Act (including any claim seeking permission) must be served on—

(a) the arbitrator or umpire; and

(b) any other party to the reference.

Claims in District Registries

62.14

If—

(a) a claim is to be made under section 12(4) of the 1950 Act for an order for the issue of a witness summons to compel the attendance of the witness before an arbitrator or umpire; and

(b) the attendance of the witness is required within the district of a District Registry,

the claim may be started in that Registry.

Time limits and other special provisions about arbitration claims

62.15

(1) An arbitration claim to—

(a) remit an award under section 22 of the 1950 Act;

(b) set aside an award under section 23(2) of that Act or otherwise; or

must be made, and the arbitration claim form served, within 21 days after the award has been made and published to the parties.

(2) An arbitration claim to determine any question of law arising in the course of a reference under section 2(1) of the Arbitration Act 1979 must be made, and the arbitration claim form served, within 14 days after—

(a) the arbitrator or umpire gave his consent in writing to the claim being made; or

(b) the other parties so consented.

(3) An appeal under section 1(2) of the 1979 Act must be filed, and the arbitration claim form served, within 21 days after the award has been made and published to the parties.

(4) Where reasons material to an appeal under section 1(2) of the 1979 Act are given on a date subsequent to the publication of the award, the period of 21 days referred to in paragraph (3) will run from the date on which reasons are given.

(5) In every arbitration claim to which this rule applies—

(a) the arbitration claim form must state the grounds of the claim or appeal;

(b) where the claim or appeal is based on written evidence, a copy of that evidence must be served with the arbitration claim form; and

(c) where the claim or appeal is made with the consent of the arbitrator, the umpire or the other parties, a copy of every written consent must be served with the arbitration claim form.

(6) In an appeal under section 1(2) of the 1979 Act—

(a) a statement of the grounds for the appeal specifying the relevant parts of the award and reasons; and

(b) where permission is required, any written evidence in support of the contention that the question of law concerns—

(i) a term of a contract; or

(ii) an event,

which is not a “one-off” term or event,

must be filed and served with the arbitration claim form.

(7) Any written evidence in reply to written evidence under paragraph (6)(b) must be filed and served on the claimant not less than 2 days before the hearing.

(8) A party to a claim seeking permission to appeal under section 1(2) of the 1979 Act who wishes to contend that the award should be upheld for reasons not expressed or fully expressed in the award and reasons must file and serve on the claimant, a notice specifying the grounds of his contention not less than 2 days before the hearing.

Service out of the jurisdiction

62.16

(1) Subject to paragraph (2)—

(a) any arbitration claim form in an arbitration claim under the 1950 Act or the 1979 Act; or

(b) any order made in such a claim,

may be served out of the jurisdiction with the permission of the court if the arbitration to which the claim relates—

(i) is governed by the law of England and Wales; or

(ii) has been, is being, or will be, held within the jurisdiction.

(2) An arbitration claim form seeking permission to enforce an award may be served out of the jurisdiction with the permission of the court whether or not the arbitration is governed by the law of England and Wales.

(3) An application for permission to serve an arbitration claim form out of the jurisdiction must be supported by written evidence—

(a) stating the grounds on which the application is made; and

(b) showing in what place or country the person to be served is, or probably may be found.

(4) Rules 6.40 to 6.46 apply to the service of an arbitration claim form under paragraph (1).

(5) An order giving permission to serve an arbitration claim form out of the jursidiction must specify the period within which the defendant may file an acknowledgment of service.

III ENFORCEMENT

Scope of this Section

62.17

This Section of this Part applies to all arbitration enforcement proceedings other than by a claim on the award.

Enforcement of awards

62.18

(1) An application for permission under—

(a) section 66 of the 1996 Act;

(b) section 101 of the 1996 Act;

(d) section 3(1)(a) of the 1975 Act,

to enforce an award in the same manner as a judgment or order may be made without notice in an arbitration claim form.

(2) The court may specify parties to the arbitration on whom the arbitration claim form must be served.

(3) The parties on whom the arbitration claim form is served must acknowledge service and the enforcement proceedings will continue as if they were an arbitration claim under Section I of this Part.

(4) With the permission of the court the arbitration claim form may be served out of the jurisdiction irrespective of where the award is, or is treated as, made.

(5) Where the applicant applies to enforce an agreed award within the meaning of section 51(2) of the 1996 Act—

(a) the arbitration claim form must state that the award is an agreed award; and

(b) any order made by the court must also contain such a statement.

(6) An application for permission must be supported by written evidence—

(a) exhibiting—

(i) where the application is made under section 66 of the 1996 Act or under section 26 of the 1950 Act, the arbitration agreement and the original award (or copies);

(ii) where the application is under section 101 of the 1996 Act, the documents required to be produced by section 102 of that Act; or

(iii) where the application is under section 3(1)(a) of the 1975 Act, the documents required to be produced by section 4 of that Act;

(b) stating the name and the usual or last known place of residence or business of the claimant and of the person against whom it is sought to enforce the award; and

(i) that the award has not been complied with; or

(ii) the extent to which it has not been complied with at the date of the application.

(7) An order giving permission must—

(a) be drawn up by the claimant; and

(b) be served on the defendant by—

(i) delivering a copy to him personally; or

(ii) sending a copy to him at his usual or last known place of residence or business.

(8) An order giving permission may be served out of the jurisdiction—

(a) without permission; and

(b) in accordance with rules 6.40 to 6.46 as if the order were an arbitration claim form.

(9) Within 14 days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the court may set—

(a) the defendant may apply to set aside the order; and

(b) the award must not be enforced until after—

(i) the end of that period; or

(ii) any application made by the defendant within that period has been finally disposed of.

(10) The order must contain a statement of—

(a) the right to make an application to set the order aside; and

(b) the restrictions on enforcement under rule 62.18(9)(b).

(11) Where a body corporate is a party any reference in this rule to place of residence or business shall have effect as if the reference were to the registered or principal address of the body corporate.

Interest on awards

62.19

(1) Where an applicant seeks to enforce an award of interest the whole or any part of which relates to a period after the date of the award, he must file a statement giving the following particulars—

(a) whether simple or compound interest was awarded;

(b) the date from which interest was awarded;

(d) the rate of interest awarded; and

(e) a calculation showing—

(i) the total amount claimed up to the date of the statement; and

(ii) any sum which will become due on a daily basis.

(2) A statement under paragraph (1) must be filed whenever the amount of interest has to be quantified for the purpose of—

(a) obtaining a judgment or order under section 66 of the 1996 Act (enforcement of the award); or

(b) enforcing such a judgment or order.

Registration in High Court of foreign awards

62.20

(1) Where—

(a) an award is made in proceedings on an arbitration in any part of a British overseas territory or other territory to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (“the 1933 Act”) extends;

(b) Part II of the Administration of Justice Act 1920 extended to that part immediately before Part I of the 1933 Act was extended to that part; and

(c) an award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place,

rules 74.1 to 74.7 and 74.9 apply in relation to the award as they apply in relation to a judgment given by the court subject to the modifications in paragraph (2).

(2) The modifications referred to in paragraph (1) are as follows—

(a) for references to the State of origin are substituted references to the place where the award was made; and

(b) the written evidence required by rule 74.4 must state (in addition to the matters required by that rule) that to the best of the information or belief of the maker of the statement the award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.

Registration of awards under the Arbitration (International Investment Disputes) Act 1966

62.21

(1) In this rule—

(a) “the 1966 Act” means the Arbitration (International Investment Disputes) Act 1966;

(b) “award” means an award under the Convention;

(c) “the Convention” means the Convention on the settlement of investment disputes between States and nationals of other States which was opened for signature in Washington on 18th March 1965;

(d) “judgment creditor” means the person seeking recognition or enforcement of an award; and

(e) “judgment debtor” means the other party to the award.

(2) Subject to the provisions of this rule, the following provisions of Part 74 apply with such modifications as may be necessary in relation to an award as they apply in relation to a judgment to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies—

(a) rule 74.1;

(b) rule 74.3;

(d) rule 74.6 (except paragraph (3)(c) to (e)); and

(e) rule 74.9(3).

(3) An application to have an award registered in the High Court under section 1 of the 1966 Act must be made in accordance with the Part 8 procedure.

(4) The written evidence required by rule 74.4 in support of an application for registration must—

(a) exhibit the award certified under the Convention instead of the judgment (or a copy of it); and

(b) in addition to stating the matters referred to in rule 74.4(2)(a) to (d), state whether—

(i) at the date of the application the enforcement of the award has been stayed (provisionally or otherwise) under the Convention; and

(ii) any, and if so what, application has been made under the Convention, which, if granted, might result in a stay of the enforcement of the award.

(5) Where, on granting permission to register an award or an application made by the judgment debtor after an award has been registered, the court considers—

(a) that the enforcement of the award has been stayed (whether provisionally or otherwise) under the Convention; or

(b) that an application has been made under the Convention which, if granted, might result in a stay of the enforcement of the award,

the court may stay the enforcement of the award for such time as it considers appropriate.

PART 70 — GENERAL RULES ABOUT ENFORCEMENT OFJUDGMENTS AND ORDERS

Scope of this Part and interpretation	Rule 70.1
Application for order	Rule 70.1A
Methods of enforcing judgments or orders	Rule 70.2
Court may order act to be done at expense of disobedient party	Rule 70.2A
Transfer of proceedings for enforcement	Rule 70.3
Enforcement of judgment or order by or against non-party	Rule 70.4
Enforcement of decisions of bodies other than the High Court and the County Court and compromises enforceable by enactment	Rule 70.5
Effect of setting aside judgment or order	Rule 70.6
Debt respite scheme	Rule 70.7

Scope of this Part and interpretation

70.1

(1) This Part contains general rules about enforcement of judgments and orders.

Methods of enforcing judgments or orders

70.2

(1) Practice Direction 70A sets out methods of enforcing judgments or orders for the payment of money.

(2) A judgment creditor may, except where an enactment, rule or practice direction provides otherwise—

(a) use any method of enforcement which is available; and

(b) use more than one method of enforcement, either at the same time or one after another.

Transfer of proceedings for enforcement

70.3

(1) Subject to rule 83.17, a judgment creditor wishing to enforce a High Court judgment or order in the County Court must apply to the High Court for an order transferring the proceedings.

(2) A practice direction may make provisions about the transfer of proceedings for enforcement.

Enforcement of judgment or order by or against non-party

70.4

If a judgment or order is given or made in favour of or against a person who is not a party to proceedings, it may be enforced by or against that person by the same methods as if he were a party.

Enforcement of awards of bodies other than the High Court and county courts

70.5

(1) This rule applies, subject to paragraph (2), where an enactment provides that—

(a) a decision of a court, tribunal, body or person other than the High Court or the County Court; or

(b) a compromise,

may be enforced as if it were a court order or that any sum of money payable under that decision or compromise may be recoverable as if payable under a court order.

(2) This rule does not apply to—

(a) any judgment to which Part 74 applies;

(b) arbitration awards;

(d) proceedings to which Part 75 (traffic enforcement) applies.

(2A) Unless paragraph (3) applies, a party may enforce the decision or compromise by applying for a specific method of enforcement under Parts 71 to 73, 81, 83, 84 and 89, and Schedule 2 CCR Order 28 and must—

(a) file with the court a copy of the decision or compromise being enforced; and

(b) provide the court with the information required by Practice Direction 70A.

(3) If an enactment provides that a decision or compromise is enforceable or a sum of money is recoverable if a court so orders, an application for such an order must be made in accordance with paragraphs (4) to (7A) of this rule.

(4) The application—

(a) may, unless paragraph (4A) applies, be made without notice; and

(b) must be made to the court for the district where the person against whom the order is sought, resides or carries on business, unless an enactment, rule or practice direction provides otherwise or the court otherwise orders.

(4A) Where a compromise requires a person to whom a sum of money is payable under the compromise to do anything in addition to discontinuing or not starting proceedings (“a conditional compromise”), an application under paragraph (4) must be made on notice.

(5) The application notice must—

(a) be in the form; and

(b) contain the information

required by Practice Direction 70A.

(6) A copy of the decision or compromise must be filed with the application notice.

(7) An application other than in relation to a conditional compromise may be dealt with by a court officer without a hearing.

(7A) Where an application relates to a conditional compromise, the respondent may oppose it by filing a response within 14 days of service of the application notice and if the respondent—

(a) does not file a response within the time allowed, the court will make the order; or

(b) files a response within the time allowed, the court will make such order as appears appropriate.

(8) If an enactment provides that a decision or compromise may be enforced in the same manner as an order of the High Court if it is registered, any application to the High Court for registration must be made in accordance with Practice Direction 70A.

Effect of setting aside judgment or order

70.6

If a judgment or order is set aside, any enforcement of the judgment or order shall cease to have effect unless the court otherwise orders.

PART 71 — ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS

Scope of this Part	Rule 71.1
Order to attend court	Rule 71.2
Service of order	Rule 71.3
Travelling expenses	Rule 71.4
Judgment creditor’s affidavit	Rule 71.5
Conduct of the hearing	Rule 71.6
Adjournment of the hearing	Rule 71.7
Failure to comply with order	Rule 71.8

Scope of this Part

71.1

This Part contains rules which provide for a judgment debtor to be required to attend court to provide information, for the purpose of enabling a judgment creditor to enforce a judgment or order against him.

Order to attend court

71.2

(1) A judgment creditor may apply for an order requiring—

(a) a judgment debtor; or

(b) if a judgment debtor is a company or other corporation, an officer of that body,

to attend court to provide information about—

(i) the judgment debtor’s means; or

(ii) any other matter about which information is needed to enforce a judgment or order.

(2) An application under paragraph (1)—

(a) may be made without notice; and

(b) must be issued in the court or County Court hearing centre which made the judgment or order which it is sought to enforce, except that—

(i) if the proceedings have since been transferred to a different court or hearing centre, it must be issued in that court; or

(ii) subject to subparagraph (b)(i), if it is to enforce a judgment made in the Civil National Business Centre, it must be issued in accordance with section 2 of Practice Direction 70.

(3) The application notice must—

(a) be in the form; and

(b) contain the information

required by Practice Direction 71.

(4) An application under paragraph (1) may be dealt with by a court officer without a hearing.

(5) If the application notice complies with paragraph (3), an order to attend court will be issued in the terms of paragraph (6).

(6) A person served with an order issued under this rule must—

(a) attend court at the time and place specified in the order;

(b) when he does so, produce at court documents in his control which are described in the order; and

(7) An order under this rule will contain a notice in the following terms , or in terms to substantially the same effect—

If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law.

Service of order

71.3

(1) An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing.

(2) If the order is to be served by the judgment creditor, he must inform the court not less than 7 days before the date of the hearing if he has been unable to serve it.

Travelling expenses

71.4

(1) A person ordered to attend court may, within 7 days of being served with the order, ask the judgment creditor to pay him a sum reasonably sufficient to cover his travelling expenses to and from court.

(2) The judgment creditor must pay such a sum if requested.

Judgment creditor’s affidavit

71.5

(1) The judgment creditor must file an affidavit(GL) or affidavits—

(a) by the person who served the order (unless it was served by the court) giving details of how and when it was served;

(b) stating either that—

(i) the person ordered to attend court has not requested payment of his travelling expenses; or

(ii) the judgment creditor has paid a sum in accordance with such a request; and

(2) The judgment creditor must either—

(a) file the affidavit(GL) or affidavits not less than 2 days before the hearing; or

(b) produce it or them at the hearing.

Conduct of the hearing

71.6

(1) The person ordered to attend court will be questioned on oath.

(2) The questioning will be carried out by a court officer unless the court has ordered that the hearing shall be before a judge.

(3) The judgment creditor or his representative—

(a) may attend and ask questions where the questioning takes place before a court officer; and

(b) must attend and conduct the questioning if the hearing is before a judge.

Adjournment of the hearing

71.7

If the hearing is adjourned, the court will give directions as to the manner in which notice of the new hearing is to be served on the person ordered to attend court.

Failure to comply with order

71.8

(1) If a person against whom an order has been made under rule 71.2—

(a) fails to attend court;

(b) refuses at the hearing to take the oath or to answer any question; or

PART 72 — THIRD PARTY DEBT ORDERS

Scope of this Part and interpretation	Rule 72.1
Third party debt order	Rule 72.2
Application for third party debt order	Rule 72.3
Interim third party debt order	Rule 72.4
Service of interim order	Rule 72.5
Obligations of third parties served with interim order	Rule 72.6
Arrangements for debtors in hardship	Rule 72.7
Further consideration of the application	Rule 72.8
Effect of final third party debt order	Rule 72.9
Money in court	Rule 72.10
Costs	Rule 72.11

Scope of this Part and interpretation

72.1

(1) This Part contains rules which provide for a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor.

(2) In this Part, “bank or building society” includes any person carrying on a business in the course of which he lawfully accepts deposits in the United Kingdom.

Third party debt order

72.2

(1) Upon the application of a judgment creditor, the court may make an order (a “final third party debt order”) requiring a third party to pay to the judgment creditor—

(a) the amount of any debt due or accruing due to the judgment debtor from the third party; or

(b) so much of that debt as is sufficient to satisfy the judgment debt and the judgment creditor’s costs of the application.

(2) The court will not make an order under paragraph 1 without first making an order (an “interim third party debt order”) as provided by rule 72.4(2).

(3) In deciding whether money standing to the credit of the judgment debtor in an account to which section 40 of the Supreme Court Act 1981 or section 108 of the County Courts Act 1984 relates may be made the subject of a third party debt order, any condition applying to the account that a receipt for money deposited in the account must be produced before any money is withdrawn will be disregarded.

Application for third party debt order

72.3

(1) An application for a third party debt order—

(a) may be made without notice; and

(b) must be issued in the court which made the judgment or order which it is sought to enforce, except that—

(i) if the proceedings have since been transferred to a different court, it must be issued in that court; or

(ii) subject to subparagraph (b)(i), if it is to enforce a judgment made in the Civil National Business Centre , it must be issued in accordance with section 2 of Practice Direction 70.

(2) The application notice must—

(a) required by Practice Direction 72; and

(i) be in the form; and

(ii) contain the information

(b) be verified by a statement of truth.

Interim third party debt order

72.4

(1) An application for a third party debt order will initially be dealt with by a judge without a hearing.

(2) The judge may make an interim third party debt order—

(a) fixing a hearing to consider whether to make a final third party debt order; and

(b) directing that until that hearing the third party must not make any payment which reduces the amount he owes the judgment debtor to less than the amount specified in the order.

(3) An interim third party debt order will specify the amount of money which the third party must retain, which will be the total of—

(a) the amount of money remaining due to the judgment creditor under the judgment or order; and

(b) an amount for the judgment creditor’s fixed costs of the application, as specified in Practice Direction 72.

(4) An interim third party debt order becomes binding on a third party when it is served on him.

(5) The date of the hearing to consider the application shall be not less than 28 days after the interim third party debt order is made.

Service of interim order

72.5

(1) Copies of an interim third party debt order, the application notice and any documents filed in support of it must be served—

(a) on the third party, not less than 21 days before the date fixed for the hearing; and

(b) on the judgment debtor not less than—

(i) 7 days after a copy has been served on the third party; and

(ii) 7 days before the date fixed for the hearing.

(2) If the judgment creditor serves the order, he must either—

(a) file a certificate of service not less than 2 days before the hearing; or

(b) produce a certificate of service at the hearing.

Obligations of third parties served with interim order

72.6

(1) A bank or building society served with an interim third party debt order must carry out a search to identify all accounts held with it by the judgment debtor.

(2) The bank or building society must disclose to the court and the creditor within 7 days of being served with the order, in respect of each account held by the judgment debtor—

(a) the number of the account;

(b) whether the account is in credit; and

(i) whether the balance of the account is sufficient to cover the amount specified in the order; ...

(ii) the amount of the balance at the date it was served with the order, if it is less than the amount specified in the order ; and

(iii) whether the bank or building society asserts any right to the money in the account, whether pursuant to a right of set-off or otherwise, and if so giving details of the grounds for that assertion.

(3) If—

(a) the judgment debtor does not hold an account with the bank or building society; or

(b) the bank or building society is unable to comply with the order for any other reason (for example, because it has more than one account holder whose details match the information contained in the order, and cannot identify which account the order applies to),

the bank or building society must inform the court and the judgment creditor of that fact within 7 days of being served with the order.

(4) Any third party other than a bank or building society served with an interim third party debt order must notify the court and the judgment creditor in writing within 7 days of being served with the order, if he claims—

(a) not to owe any money to the judgment debtor; or

(b) to owe less than the amount specified in the order.

Arrangements for debtors in hardship

72.7

(1) If—

(a) a judgment debtor is an individual;

(b) he is prevented from withdrawing money from his account with a bank or building society as a result of an interim third party debt order; and

the court may, on an application by the judgment debtor, make an order permitting the bank or building society to make a payment or payments out of the account (“a hardship payment order”).

(2) An application for a hardship payment order may be made—

(a) in High Court proceedings, at the Royal Courts of Justice or to any district registry; and

(b) in County Court proceedings, to any County Court hearing centre.

(3) A judgment debtor may only apply to one court for a hardship payment order.

(4) An application notice seeking a hardship payment order must—

(a) include detailed evidence explaining why the judgment debtor needs a payment of the amount requested; and

(b) be verified by a statement of truth.

(5) Unless the court orders otherwise, the application notice—

(a) must be served on the judgment creditor at least 2 days before the hearing; but

(b) does not need to be served on the third party.

(6) A hardship payment order may—

(a) permit the third party to make one or more payments out of the account; and

(b) specify to whom the payments may be made.

Further consideration of the application

72.8

(1) If the judgment debtor or the third party objects to the court making a final third party debt order, he must file and serve written evidence stating the grounds for his objections.

(2) If the judgment debtor or the third party knows or believes that a person other than the judgment debtor has any claim to the money specified in the interim order, he must file and serve written evidence stating his knowledge of that matter.

(3) If—

(a) the third party has given notice under rule 72.6 that he does not owe any money to the judgment debtor, or that the amount which he owes is less than the amount specified in the interim order; and

(b) the judgment creditor wishes to dispute this,

the judgment creditor must file and serve written evidence setting out the grounds on which he disputes the third party’s case.

(4) Written evidence under paragraphs (1), (2) or (3) must be filed and served on each other party as soon as possible, and in any event not less than 3 days before the hearing.

(5) If the court is notified that some person other than the judgment debtor may have a claim to the money specified in the interim order, it will serve on that person notice of the application and the hearing.

(6) At the hearing the court may—

(a) make a final third party debt order;

(b) discharge the interim third party debt order and dismiss the application;

(c) decide any issues in dispute between the parties, or between any of the parties and any other person who has a claim to the money specified in the interim order; or

(d) direct a trial of any such issues, and if necessary give directions.

Effect of final third party order

72.9

(1) A final third party debt order shall be enforceable as an order to pay money.

(2) If—

(a) the third party pays money to the judgment creditor in compliance with a third party debt order; or

(b) the order is enforced against him,

the third party shall, to the extent of the amount paid by him or realised by enforcement against him, be discharged from his debt to the judgment debtor.

(3) Paragraph (2) applies even if the third party debt order, or the original judgment or order against the judgment debtor, is later set aside.

Money in court

72.10

(1) If money is standing to the credit of the judgment debtor in court—

(a) the judgment creditor may not apply for a third party debt order in respect of that money; but

(b) he may apply for an order that the money in court, or so much of it as is sufficient to satisfy the judgment or order and the costs of the application, be paid to him.

(2) An application notice seeking an order under this rule must be served on—

(a) the judgment debtor; and

(b) the Accountant General at the Court Funds Office.

(3) If an application notice has been issued under this rule, the money in court must not be paid out until the application has been disposed of.

Costs

72.11

If the judgment creditor is awarded costs on an application for an order under rule 72.2 or 72.10—

(a) he shall, unless the court otherwise directs, retain those costs out of the money recovered by him under the order; and

(b) the costs shall be deemed to be paid first out of the money he recovers, in priority to the judgment debt.

PART 73 — CHARGING ORDERS, STOP ORDERS AND STOP NOTICES

Scope of this Part and interpretation	Rule 73.1
Section I Charging Orders
Scope of this Section	Rule 73.2
Application for charging order	Rule 73.3
Interim charging order – Civil National Business Centre	Rule 73.4
Review of a decision made by a court officer	Rule 73.5
Interim charging order – venues other than the Civil National Business Centre	Rule 73.6
Service of interim order	Rule 73.7
Effect of interim order in relation to securities	Rule 73.8
Effect of interim charging order in relation to funds in court	Rule 73.9
Further consideration of the application where interim charging order was made at the Civil National Business Centre and has not been transferred under rule 73.4(6) for a hearing	Rule 73.10
Reconsideration of a decision made by a legal adviser	Rule 73.10ZA
Further consideration of the application where interim charging order was made other than at the Civil National Business Centre, or has been transferred out of that Centre under rule 73.4(6)	Rule 73.10A
Discharge or variation of order	Rule 73.10B
Enforcement of charging order by sale	Rule 73.10C
SECTION II—STOP ORDERS
Interpretation	Rule 73.11
Application for stop order	Rule 73.12
Stop order relating to funds in court	Rule 73.13
Stop order relating to securities	Rule 73.14
Discharge or variation of order	Rule 73.15
SECTION III—STOP NOTICES
General	Rule 73.16
Request for stop notice	Rule 73.17
Effect of stop notice	Rule 73.18
Amendment of stop notice	Rule 73.19
Withdrawal of stop notice	Rule 73.20
Discharge or variation of stop notice	Rule 73.21

Scope of this Part and interpretation

73.1

(1) This Part contains rules which provide for a judgment creditor to enforce a judgment by obtaining—

(a) a charging order (Section I);

(b) a stop order (Section II); or

over or against the judgment debtor’s interest in an asset.

(2) In this Part—

(a) “the 1979 Act” means the Charging Orders Act 1979;

(b) “the 1992 Regulations” means the Council Tax (Administration and Enforcement) Regulations 1992;

(i) if the application for a charging order is proceeding in the County Court—

(aa) in the case of an application under the 1992 Regulations, the County Court hearing centre for the district in which the relevant dwelling (as defined in regulation 50(3)(b) of those Regulations) is situated; or

(bb) in other cases, the County Court hearing centre for the district in which the judgment debtor resides or carries on business; or

(ii) if the application for a charging order is proceeding in the High Court, the district registry for the district in which the judgment debtor resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;

(ca) “final charging order” means an order confirming that a charge imposed by an interim charging order continues;

(d) “funds in court” includes securities held in court;

(e) “interim charging order” means an interim charging order made in accordance with rule 73.4(5), 73.4(6) or 73.6(3);

(ea) “legal adviser” means a court officer assigned to the county court who is—

(i) a barrister;

(ii) a solicitor; or

(iii) a Fellow of the Chartered Institute of Legal Executives,

who may exercise the jurisdiction of the county court with regard to matters set out in this Part to the extent specified in this Part, with the consent of the relevant Designated Civil Judge, or their nominee;

(f) “securities” means securities of any of the kinds specified in section 2(2)(b) of the 1979 Act.

SECTION I. CHARGING ORDERS

Scope of this Section

73.2

This Section applies to an application by a judgment creditor for a charging order under—

(a) section 1 of the 1979 Act; or

(b) regulation 50 of the 1992 Regulations.

Application for charging order

73.3

(1) An application for a charging order may be made without notice.

(2) Where an application for a charging order is to be made to the County Court, it must be made to the Civil National Business Centre unless the application is for a charging order over an interest in a fund in court.

(3) An application to the County Court for a charging order over an interest in a fund in court must be made to the County Court hearing centre where the order or judgment was made.

(Section 1 of the 1979 Act sets out when applications are to be made to the County Court and when they are to be made to the Family Court or the High Court.)

(4) Subject to paragraphs (2) and (3), a judgment creditor may apply for a single charging order in respect of more than one judgment or order against the same judgment debtor.

(5) The application notice must—

(a) be in the form and contain the information required by Practice Direction 73; and

(b) be verified by a statement of truth.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim charging order

73.4

(1) This rule applies where an application for a charging order is made to the Civil National Business Centre.

(2) The application for a charging order will initially be dealt with without a hearing.

(3) Where—

(a) the application is only for a charging order on the judgment debtor’s interest in land; and

(b) none of the exceptions listed in paragraph (4) apply,

the application may initially be dealt with by a court officer.

(4) The exceptions referred to are—

(a) an application under section 2(1)(b)(i) of the 1979 Act;

(b) an application for a charging order on the interest of a partner in the partnership property under section 23 of the Partnership Act 1890;

(d) where the court officer otherwise considers that the application should be dealt with by a judge.

(5) 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.

(6) The judge may make an interim charging order—

(a) imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and

(b) 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).

(7) 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.

Service of interim order

73.5

(1) A party may request that a decision by a court officer be reconsidered by a District Judge.

(2) A request for reconsideration must be filed within 14 days after the party is served with notice of the decision.

(3) Reconsideration will take place without a hearing.

Effect of interim order in relation to securities

73.6

(1) This rule applies where an application for a charging order is made other than to the Civil National Business Centre.

(2) An application for a charging order will initially be dealt with by a judge without a hearing.

(3) The judge may make an interim charging order—

(a) imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and

(b) fixing a hearing to consider whether to make a final charging order as provided by rule 73.10A(3)(a).

Effect of interim order in relation to funds in court

73.7

(1) Where the interim charging order has been made at the Civil National Business 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.

(2) Where paragraph (1) applies, the judgment creditor must file a certificate of service in relation to each person served together with a statement of the amount due under the judgement or order including any costs and interest, within 28 days of the date of the interim charging order.

(3) Any application for an extension of time for service or filing specified in paragraph (1) or (2)—

(a) must be made to the Civil National Business Centre; and

(b) will be dealt with without a hearing.

(Rule 73.10(6B) sets out the powers of a legal adviser to make an order where a judgment creditor has not, on time, filed certificates of service and a statement of the amount due or applied for an extension.)

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the interim charging order has been made at a court other than the Civil National Business Centre, or where the matter has 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, not less than 21 days before the hearing, be served by the judgment creditor on the persons listed in paragraph (7).

(6) Where paragraph (5) applies, the judgment creditor must either—

(a) file a certificate of service in relation to each person served not less than 2 days before the hearing; or

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