The Civil Procedure (Amendment No. 4) Rules 2001

• Citation: S.I. 2001/2792
• Sections: 72

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Civil Procedure (Amendment No. 4) Rules 2001 and shall come into force—

(a) for the purposes of rules 2, 5, 7, 8, 13 and 15, and this rule, on 15th October 2001;

(b) for the purpose of rule 23, on the coming into force of so much of section 155 of the Housing Act 1996 as is not already in force; and

(c) for all other purposes, on 25th March 2002.

Section 2 Citation, commencement and interpretation

In these Rules—

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998 ;

(b) a reference to an Order by number and prefixed by “ RSC ” means the RSC Order so numbered in Schedule 1 to those Rules; and

(c) a reference to an Order by number and prefixed by “ CCR ” means the CCR Order so numbered in Schedule 2 to those Rules.

Section 3 Amendments to the Civil Procedure Rules 1998

In rule 5.2, in paragraph (1)(b), omit sub-paragraph (i).

Section 4 Amendments to the Civil Procedure Rules 1998

In rule 40.2, in paragraph (1)—

(a) at the end of sub-paragraph (b), omit “or”;

(b) at the end of sub-paragraph (c), add

;

an order made by a court officer under rule 70.5 (orders to enforce awards as if payable under a court order); or

an order made by a court officer under rule 71.2 (orders to obtain information from judgment debtors).

Section 5 Amendments to the Civil Procedure Rules 1998

In Part 51—

(a) for the heading, substitute “Transitional Arrangements and Pilot Schemes”;

(b) rule 51 is renumbered rule 51.1; and

(c) after rule 51.1, insert—

(51.2) Practice directions may modify or disapply any provision of these Rules—

(a) for specified periods; and

(b) in relation to proceedings in specified courts,

during the operation of pilot schemes for assessing the use of new practices and procedures in connection with proceedings.

Section 6 Amendments to the Civil Procedure Rules 1998

After Part 57, insert—

(a) Part 70 (general rules about enforcement) as set out in Schedule 1 to these Rules;

(b) Part 71 (orders to obtain information from judgment debtors) as set out in Schedule 2;

(c) Part 72 (third party debt orders) as set out in Schedule 3; and

(d) Part 73 (charging orders, stop orders and stop notices) as set out in Schedule 4.

Section 7 Amendments to the Civil Procedure Rules 1998

In RSC Order 15, in rule 14(2) for “under rule 13” substitute “under CPR rule 19.7”.

Section 8 Amendments to the Civil Procedure Rules 1998

In RSC Order 51—

(a) after the title insert—

Order to apply to High Court and County Courts

Rule A1 This Order applies to proceedings both in the High Court and in county courts.

(b) in rule 2, for “A Master and the Admiralty Registrar and a district judge of the Family Division” substitute “A Master, the Admiralty Registrar, a district judge of the Family Division and a district judge”.

Section 9 Amendments to the Civil Procedure Rules 1998

In RSC Order 77—

(a) in rule 15, for paragraph (1), substitute—

(1) Nothing in—

(a) CPR Parts 70 to 73; and

(b) Orders 45 to 47, 51 and 52,

shall apply in respect of any order against the Crown.

(b) in rule 16—

(i) in paragraph (1)(a), for “Under Order 49” substitute “under CPR Part 72”; and

(ii) for paragraph (3) substitute—

(3) CPR rule 72.8 shall apply in relation to such an application as is mentioned in paragraph (2) for an order restraining a person from receiving money payable to him by the Crown as that rule applies to an application under CPR rule 72.2 for a third party debt order, except that the court shall not have power to order enforcement to issue against the Crown.

Section 10 Amendments to the Civil Procedure Rules 1998

In RSC Order 81—

(a) in rule 7(1), for “under Order 49, rule 1”, substitute “under CPR rule 72.2”;

(b) in rule 7(2), for “An order to show cause under the said rule 1”, substitute “An interim third party debt order under CPR rule 72.4(2)”; and

(c) in rule 7(3), for “the said rule 1”, substitute “the said rules 72.2 or 72.4(2)”.

Section 11 Amendments to the Civil Procedure Rules 1998

In RSC Order 115, in rule 4(4), for “specified in Order 50, rule 2(1)(b) to (d)” substitute “specified in CPR rule 73.5(1)(c) to (e)”.

Section 12 Amendments to the Civil Procedure Rules 1998

In CCR Order 4, in paragraph (b) of rule 3, for “subject to Order 31, rule 4”, substitute “subject to CPR rule 73.10”.

Section 13 Amendments to the Civil Procedure Rules 1998

In CCR Order 22, rule 8, for sub-paragraph (a) of paragraph (1A), substitute—

(a) state that—

(i) it is intended to enforce the judgment or order by execution against goods; or

(ii) the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers; or

Section 14 Amendments to the Civil Procedure Rules 1998

In CCR Order 25—

(a) in rule 8(9), omit “pursuant to rule 5(3)”; and

(b) in rule 9(4), for “required for service of an order under Order 25, rule 3” substitute “set out in CPR rule 6.2”.

Section 15 Amendments to the Civil Procedure Rules 1998

In CCR Order 25, rule 13—

(a) for paragraph (1), substitute—

(1) Where the judgment creditor makes a request for a certificate of judgment under Order 22, rule 8(1) for the purpose of enforcing the judgment or order in the High Court—

(a) by execution against goods; or

(b) where the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers,

the grant of a certificate by the court shall take effect as an order to transfer the proceedings to the High Court and the transfer shall have effect on the grant of that certificate.

(b) in paragraph (2), after “debtor”, insert “or the person against whom the possession order was made”.

Section 16 Amendments to the Civil Procedure Rules 1998

In CCR Order 27, in rule 5(1), and in rule 17(3A), for “required for service of an order under Order 25, rule 3” substitute “set out in CPR rule 6.2”.

Section 17 Amendments to the Civil Procedure Rules 1998

In CCR Order 28, for rule 9(2) substitute—

(2) If a committal order or a new order for payment is made on the hearing, the office copy of the judgment or order filed in the county court shall be deemed to be a judgment or order of the court in which the judgment summons is heard.

Section 18 Amendments to the Civil Procedure Rules 1998

In CCR Order 33, in rule 4(3), for “required for service of an order under Order 25, rule 3” substitute “set out in CPR rule 6.2”.

Section 19 Amendments to the Civil Procedure Rules 1998

In CCR Order 39, in rule 2(2), for “Order 25, rule 3” substitute “CPR Part 71”.

Section 20 Amendments to the Civil Procedure Rules 1998

In CCR Order 42—

(a) for rule 13(1), substitute—

(1) Nothing in—

(a) CPR Parts 70 to 73;

(b) Orders 25 to 29; or

(c) RSC Order 30 (in so far as it applies to proceedings in the county court),

shall apply in respect of any order against the Crown.

(b) in rule 14—

(i) in paragraph (1), for “under Order 30”, substitute “under CPR Part 72”; and

(ii) for paragraph (5), substitute—

(5) CPR rule 72.8 shall apply, with the necessary modifications, in relation to an application under the said section 27, as it applies in relation to an application under CPR rule 72.2 for a third party debt order, except that the court shall not have the power to order enforcement to issue against the Crown.

Section 21 Amendments to the Civil Procedure Rules 1998

In CCR Order 45, in rule 1(3), for “required for service of an order under Order 25, rule 3”, substitute “set out in CPR rule 6.2”.

Section 22 Amendments to the Civil Procedure Rules 1998

In CCR Order 48B—

(a) for rule 5(1), substitute—

(1) Subject to the Order and this rule—

(a) CPR Parts 70 to 73;

(b) Order 25, rules 1 and 9;

(c) Order 26, rule 5; and

(d) Order 27, rules 1 to 7, 7A, 9 to 16 and 18 to 22,

shall apply for the enforcement of specified debts.

(b) in rule 5(8), for “In addition to the requirements of that rule, any application by an authority under Order 25, rule 2, shall”, substitute “If an authority requests the transfer of proceedings to another county court for enforcement, in its request it must”; and

(c) for the opening words of rule 5(9), substitute—

(9) An application for an attachment of earnings order, an order to obtain information from a debtor, a third party debt order or a charging order shall, in addition to the requirements of Order 27 or CPR Part 71, 72 or 73 (as the case may be)-

Section 23 Amendments to the Civil Procedure Rules 1998

In CCR Order 49, rule 6B—

(a) in the title, delete “and powers of arrest”;

(b) after paragraph (7), insert—

(7A) An application for a warrant of arrest under section 155(3) of the Housing Act 1996 must be made in accordance with Part 23 and may be made without notice.

Section 155(4) of the Housing Act 1996 provides that a warrant shall not be issued unless the application is substantiated on oath)

(c) for paragraph (8), substitute—

(8) The judge before whom a person is brought following his arrest may—

(a) deal with the matter; or

(b) adjourn the proceedings.

(d) after paragraph (8), insert—

(8A) Where the proceedings are adjourned the judge may remand the arrested person in accordance with section 155(2)(b) or (5) of the Housing Act 1996.

(8B) Where the proceedings are adjourned and the arrested person is released—

(a) the matter must be dealt with (whether by the same or another judge) within 14 days of the day on which he was arrested; and

(b) the arrested person must be given not less than 2 days' notice of the hearing.

(8C) An application notice under Order 29, rule 1(4) may be issued even if the arrested person is not dealt with within the period mentioned in paragraph (8B)(a).

(e) for paragraph (9), substitute—

(9) Order 29, rule 1 shall apply where an application is made to commit a person for breach of an injunction as if references in that rule to the judge included references to a district judge.

(f) for paragraph (10), substitute—

(10) A person against whom a committal order has been made may apply to the court under Order 29, rule 3 for his discharge and, if he does so, must, not less than 1 day before the hearing, serve the application notice on the person who made the application for committal.

(g) for paragraph (11), substitute—

(11) Where, in accordance with paragraph 2(2)(b) of Schedule 15 to the Housing Act 1996, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

(a) a judge;

(b) a justice of the peace;

(c) a justices' clerk;

(d) a police officer of the rank of inspector or above or in charge of a police station; or

(e) where the arrested person is in his custody, the governor or keeper of a prison,

with the same consequences as if it had been entered into before the court.

(h) after paragraph (11), insert—

(11A) The person having custody of an applicant for bail must release him if satisfied that the required recognizances have been taken.

(11B) In paragraph (8) “arrest” means the arrest of a person pursuant to—

(a) a power of arrest which, in exercise of the powers conferred by section 152(6) or 153(1) of the Housing Act 1996, has been attached to an injunction; or

(b) a warrant of arrest issued under section 155 of that Act.

Section 24 Transitional provisions

(1) Parts 70 to 73 shall not apply to any enforcement proceedings specified in paragraph (2) which are issued before 25th March 2002, and the rules of court in force immediately before that date shall apply to those proceedings as if they had not been amended or revoked.

(2) The enforcement proceedings to which this rule applies are—

(a) an application for an order for oral examination;

(b) an application for a garnishee order;

(c) an application by a judgment creditor for an order for the payment to him of money standing in court to the credit of a judgment debtor;

(d) an application for a charging order;

(e) a claim for the enforcement of a charging order by sale of the property charged; and

(f) an application for a stop order.

Section 25 Revocations

The Orders set out in column 1 of Schedule 5 are revoked to the extent set out in column 2 of that Schedule.

Section 70.1 Scope of this Part and interpretation

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

(Rules about specific methods of enforcement are contained in Parts 71 to 73, Schedule 1 RSC Orders 45 to 47, 51 and 52 and Schedule 2 CCR Orders 25 to 29)

(2) In this Part and in Parts 71 to 73—

(a) “judgment creditor” means a person who has obtained or is entitled to enforce a judgment or order;

(b) “judgment debtor” means a person against whom a judgment or order was given or made;

(c) “judgment or order” includes an award which the court has—

(i) registered for enforcement;

(ii) ordered to be enforced; or

(iii) given permission to enforce

as if it were a judgment or order of the court, and in relation to such an award, “the court which made the judgment or order” means the court which registered the award or made such an order; and

(d) “judgment or order for the payment of money” includes a judgment or order for the payment of costs, but does not include a judgment or order for the payment of money into court.

Section 70.2 Methods of enforcing judgments or orders

(1) The relevant practice direction 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.

Section 70.3 Transfer of proceedings for enforcement

(1) A judgment creditor wishing to enforce a High Court judgment or order in a county court must apply to the High Court for an order transferring the proceedings to that county court.

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

(CCR Order 25 rule 13 contains provisions about the transfer of county court proceedings to the High Court for enforcement.)

Section 70 Enforcement of judgment or order by or against non-party

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.

Section 70.5 Enforcement of awards of bodies other than the High Court and county courts

(1) This rule applies, subject to paragraph (2), if—

(a) an award of a sum of money is made by any court, tribunal, body or person other than the High Court or a county court; and

(b) an enactment provides that the award may be enforced as if payable under a court order.

(2) This rule does not apply to—

(a) any judgment or recommendation to which RSC Order 71 applies; or

(b) arbitration awards.

(RSC Order 71 provides for the registration in the High Court for the purpose of enforcement of—

(i) foreign judgments;

(ii) European Community judgments;

(iii) judgments to which the Civil Jurisdiction and Judgments Act 1982 applies;

(iv) recommendations under the Merchant Shipping (Liner Conferences) Act 1982 .)

(3) If the enactment provides that the award is enforceable if a court so orders, an application for such an order must be made in accordance with paragraphs (4) to (7) of this rule.

(4) An application for an order that an award may be enforced as if payable under a court order—

(a) may be made without notice; and

(b) must be made to the court for the district where the person against whom the award was made resides or carries on business, unless the court otherwise orders.

(5) The application notice must—

(a) be in the form; and

(b) contain the information

required by the relevant practice direction.

(6) A copy of the award must be filed with the application notice.

(7) The application may be dealt with by a court officer without a hearing.

(8) An application to the High Court to register a decision of a Value Added Tax Tribunal for enforcement must be made in accordance with the relevant practice direction.

Section 70.6 Effect of setting aside judgment or order

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.

Section 71.1 Scope of this Part

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.

Section 71.2 Order to attend court

(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)

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

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

(3) The application notice must—

(a) be in the form; and

(b) contain the information

required by the relevant practice direction.

(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

(c) answer on oath such questions as the court may require.

(7) An order under this rule will contain a notice in the following terms—

You must obey this order. If you do not, you may be sent to prison for contempt of court.

Section 71.3 Service of order

(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.

Section 71.4 Travelling expenses

(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.

Section 71.5 Judgment creditor’s affidavit

(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

(c) stating how much of the judgment debt remains unpaid.

(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.

Section 71.6 Conduct of the hearing

(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.

Section 71.7 Adjournment of the hearing

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 judgment debtor.

Section 71.8 Failure to comply with order

(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

(c) otherwise fails to comply with the order,

the court will refer the matter to a High Court judge or circuit judge.

(2) That judge may, subject to paragraphs (3) and (4), make a committal order against the person.

(3) A committal order for failing to attend court may not be made unless the judgment creditor has complied with rules 71.4 and 71.5.

(4) If a committal order is made, the judge will direct that—

(a) the order shall be suspended provided that the person—

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

(ii) complies with all the terms of that order and the original order; and

(b) if the person fails to attend court at that time and place, he shall be brought before a judge to consider whether the committal order should be discharged.

Section 72.1 Scope of this Part and interpretation

(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 which is a deposit-taking business for the purposes of the Banking Act 1987 .

Section 72.2 Third party debt order

(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.

(Section 40(3) of the Supreme Court Act 1981 and section 108(3) of the County Courts Act 1984 contain a list of other conditions applying to accounts that will also be disregarded.)

Section 72.3 Application for third party debt order

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

(a) may be made without notice; and

(b)

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

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

(2) The application notice must—

(a)

(i) be in the form; and

(ii) contain the information

required by the relevant practice direction; and

(b) be verified by a statement of truth.

Section 72.4 Interim third party debt order

(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 the relevant practice direction.

(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.

Section 72.5 Service of interim order

(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.

Section 72.6 Obligations of third parties served with interim order

(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

(c) if the account is in credit—

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

(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.

(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.

Section 72.7 Arrangements for debtors in hardship

(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

(c) he or his family is suffering hardship in meeting ordinary living expenses as a result,

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.

(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.

Section 72.8 Further consideration of the application

(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.

Section 72.9 Effect of final third party order

(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.

Section 72.10 Money in court

(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.

Section 72.11 Costs

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.