Page 1133 - IOM Law Society Rules Book

PART 12: ENFORCEMENT

CHAPTER 5: CHARGING ORDERS

12.37 Scope of this Chapter (73.1)
(1) This Chapter contains rules which provide for a judgment creditor to enforce
a judgment by obtaining a charging order over or against the judgment debtor’s interest in an
asset pursuant to section 14A of the 1981 Act.

(2) In this Chapter —
‘funds in court’ includes securities held in court;
‘securities’ means securities of any of the kinds specified in paragraph 1(3) of
Schedule 2A to the 1981 Act;
references to a judgment creditor include, where appropriate, references to a coroner
acting with the consent of the judgment creditor.

12.38 Application for charging order (73.3)
(1) An application for a charging order may be made without notice.
(2) A judgment creditor may apply for a single charging order in respect of more
than one judgment or order against the same debtor.

(3) The application notice must contain the following information —
(a) the name and address of the judgment debtor;
(b) particulars of the judgment or order sought to be enforced;
(c) the amount of money remaining due under the judgment or order;
(d) if an instalment order is in force, the amount of any instalments which have
fallen due and remain unpaid;

(e) if the judgment creditor knows of the existence of any other creditors of the
judgment debtor, their names and (if known) their addresses;
(f) particulars of the asset or assets which it is intended to charge;
(g) particulars of the judgment debtor’s interest in the asset; and
(h) the names and addresses of the persons on whom an interim charging order
must be served under rule 12.40(1).
(4) The application notice must be verified by a statement of truth.

12.39 Interim charging order (73.4)
(1) An application for a charging order shall initially be dealt with by a judge
without a hearing.
(2) The judge may make an order (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 12.43(2)(a).

12.40 Service of interim order (73.5)
(1) 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 on
the following persons —
(a) the judgment debtor;
(b) such other creditors as the court directs;
(c) if the order relates to an interest under a trust, on such of the trustees as the
court directs;

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