Securities—charging orders, stop orders and stop notices

Produced in partnership with David Salter
Practice notes

Securities—charging orders, stop orders and stop notices

Produced in partnership with David Salter

Practice notes
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The Family Procedure (Amendment) rules 2016, SI 2016/355 made amendments to the family procedure rules 2010 (FPR 2010), SI 2010/2955, that, inter alia, introduced FPR 2010, SI 2010/2955, Pt 40, together with FPR 2010, PD 40A, which apply to an application for a charging order in relation to securities, stop orders and stop notices. The changes came into effect on 6 April 2016. Previously the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 73, together with CPR PD 73, applied, with modifications. The primary legislation applicable is the Charging Orders Act 1979 (COA 1979).

Changes to forms on an application for a charging order came into effect on 6 April 2017. Form N380 (application for a charging order on securities) was replaced by Form FE7 and Form N379 (application for a charging order on land) was replaced by Form FE6. See also Practice Note: Charging orders.

Charging orders over securities

Application

Specific rules apply when seeking charging orders over securities. A creditor can obtain a charging order over a debtor's beneficial interest in the following securities and

David Salter
David Salter

Solicitor (non-practising)


David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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Jurisdiction(s):
United Kingdom
Key definition:
Securities definition
What does Securities mean?

This is one of the groups of regulated investments defined in the regulated activities order (the other groups being identified as contractually based investments and others).

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