2016 No. 234 (L. 3)
Amendments to Part 3
S-4
In the table of contents to Part 3, in the entry for rule 3.13,...
4. In the table of contents to Part 3, in the entry for rule 3.13, after “exchanging budgets”, insert “and budget discussion reports”; and
S-5
In rule 3.12(1), for subparagraph (c), substitute— c where in...
5. In rule 3.12(1), for subparagraph (c), substitute—
“(c)
“(c) where in proceedings commenced on or after 6th April 2016 a claim is made by or on behalf of a person under the age of 18 (a child) (and on a child reaching majority this exception will continue to apply unless the court otherwise orders); or
(d)
(d) where the proceeding are the subject of fixed costs or scale costs; or
(e)
(e) the court otherwise orders.”.
S-6
In rule 3.13— in the heading to that rule, after “exchanging...
6. In rule 3.13—
(a) in the heading to that rule, after “exchanging budgets”, insert “and budget discussion reports”; and
(b) for rule 3.13, substitute—
“3.13.—(1) Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets—
(a)
(a) where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or
(b)
(b) in any other case, not later than 21 days before the first case management conference.
(2) In the event that a party files and exchanges a budget under paragraph (1), all other parties, not being litigants in person, must file an agreed budget discussion report no later than 7 days before the first case management conference.”.
S-7
In rule 3.18, in the words in parenthesis immediately after...
7. In rule 3.18, in the words in parenthesis immediately after subparagraph (b), for “rule 44.3(2)(a) and rule 44.3(5)”, substitute “rules 44.3(2)(a) and 44.3(5)”.
SCHEDULE 1
Rule 14
SCHEDULE 1
“Scope of this Part and interpretation
This Part contains rules which provide for a judgment creditor to enforce a judgment by obtaining—
a charging order (Section I);
a stop order (Section II); or
a stop notice (Section III),
over or against the judgment debtor’s interest in an asset.
In this Part—
“the 1979 Act” means the Charging Orders Act 19794;
“the 1992 Regulations” means the Council Tax (Administration and Enforcement) Regulations 19925;
“judgment debtor’s home court” means—if the application for a charging order is proceeding in the County Court—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 Regulations6) is situated; orin other cases, the County Court hearing centre for the district in which the judgment debtor resides or carries on business; orif 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;
“funds in court” includes securities held in court;
“interim charging order” means an interim charging order made in accordance with rule 73.4(5), 73.4(6) or 73.6(3);
“securities” means securities of any of the kinds specified in...
