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49.1 This part deals with the enforcement of a judgment debt by charging

(a) stock under sections 14 to 16 of the Remedies of Creditors Act,

Chap 8:09; and

(b) money in court.

In this Part -

"stock" includes shares, securities and dividends arising therefrom.

49.2 (1) An application for a charging order must be made on

the appropriate practice form.

(2) The application is to be made without notice but must be supported by evidence.

49.3 (1) This rule sets out the evidence required to support an

application for a charging order.

(2) The applicant must -

(a) state the name and address of the judgment debtor;

(b) state that to the best of his information and belief the debtor is beneficially entitled to the stock or the money in court as the case may be; and

(c) identify the judgment debt or debts to be enforced;

(d) state that the applicant is entitled to enforce the judgment and the amount remaining due;

(e) state the name and address of every person who is to his knowledge an unsecured creditor of the judgment debtor;

(f) where the application relates to stock -

(i) identify the public company and the stock of that

company which he wishes to charge;

(ii) identify any person who has responsibility for

keeping a register of the stock;

(iii) state whether to his knowledge any other person

than the judgment debtor has an interest in that

stock whether as -

• a joint owner; or
• a trustee; or
• a beneficiary; and

(iv) if so, give the names and addresses of such

persons and details of their interest; and

(g) in the case of money in court exhibiting a certificate of fund showing the amount in court.

49.4 A judgment creditor may apply for a single charging order in respect of

more than one judgment or order against a judgment debtor.

49.5 In the first instance the court must deal with an application for a

charging order without a hearing and may make a provisional charging

order.

49.6 (1) The persons specified in paragraph (2) have an interest in the

charging order proceedings as well as the judgment creditor and

the judgment debtor and are referred to in this Part as "the

interested persons".

(2) The interested persons are -

(a) any unsecured creditor;

(b) any person who owns the stock to be charged

jointly with the judgment creditor;

(c) the public company whose stock is to be charged;

(d) any person who is responsible for keeping the register of stock for that company;

(e) if the stock is held under a trust, such of the trustees of that trust as the court may direct;

(f) if the stock is held by the judgment debtor as a trustee, such of the trustees and beneficiaries as the court may direct; and

(g) if the stock is held in court, the proper officer.

49.7 (1) If the court makes a provisional charging order -

(a) the order; and

(b) a copy of the evidence in support of the application for

the order,

must be served on the judgment debtor.

(2) A copy of the order must also be served on the interested

persons listed in the evidence filed in support of the application

for a charging order .

(3) The provisional charging order must state the date time and

place when the court will consider making a final charging

order.

(4) The court office must give at least 42 days notice of that hearing.

(5) The judgment creditor must serve the order and copy order.

(6) Any interested person other than the public company and the

proper officer must be served personally.

49.8 (1) This rule deals with -

(a) the filing of objections to a provisional

charging order; and

(b) the making of a final charging order.

(2) The following persons may file objections to a provisional

charging order -

(a) the judgment creditor;

(b) the judgment debtor; and

(c) any interested person.

(3) The objection must be filed within 21 days of the date of the provisional order.

(4) The judgment creditor must file evidence of service of the provisional order.

(5) He must do so within 21 days after the date of the order.

(6) At the hearing the court has power -

(a) to make a final charging order; or

(b) to discharge the provisional charging order; or

(c) to give directions for the resolution of any objections.

(7) A copy of the charging order must be served by the court office on -

(a) the judgment creditor;

(b) the judgment debtor;

(c) any interested person who has filed an objection; and

(d) in the case of stock

(i) the public company; and

(ii) any person who has responsibility for keeping

a register of the stock.

(e) in the case of money in court, on the proper officer.

(8) Every copy of the charging order served on

(i) the public company; or

(ii) any person who has responsibility for keeping a register

of the stock; or

(iii) the proper officer

must contain a stop notice.

49.9 (1) An application to discharge or vary a final charging order

may be made by -

(a) the judgment creditor; or

(b) the judgment debtor; or

(c) any interested person.

(2) Notice of application must be served on the -

(a) judgment creditor if made by the judgment debtor; or

(b) judgment debtor if made by the judgment creditor; or

(c) the judgment creditor and the judgment debtor if made by an interested person.

(3) Any order must be served on every person on whom

the final charging order was served.

49.10 (1) This rule applies where a judgment creditor wishes to

enforce a charging order of stock by sale.

(2) He may apply to the court for an order for sale of the stock.

(3) The application must be supported by evidence.

(4) Notice must be served on the judgment debtor.