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Civil Procedure Rules

This Order is referred to in: Alliance v Slayford [23].
This Order is referred to in the following SIs: Civil Procedure (Amendment) Rules 2001 (32), Civil Procedure (Amendment No. 4) Rules 2001 (25).
RSC 88 Rule 5A revoked w/e from 25 March 2002,
RSC Order 88, Rules 1 to 5 and 7 revoked w/e from 15th October 2001,
Rules 1--5 and 7 revoked w/e from 15 October 2001.
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RSC ORDER 88

MORTGAGE CLAIMS

CLAIM FOR THE ENFORCEMENT OF CHARGING ORDER BY SALE

Rule 5A   
(1)  
This rule applies to a mortgage claim in the Chancery Division to enforce a charging order by sale of the property charged.
(2)  
The witness statement or affidavit in support of the claim must --
(a)  
identify the charging order sought to be enforced and the subject matter of the charge;
(b)  
specify the amount in respect of which the charge was imposed and the balance outstanding at the date of the witness statement or affidavit;
(c)  
verify, so far as known, the debtor's title to the property charged;
(d)  
identify any prior incumbrancer on the property charged stating, so far as is known, the names and addresses of the incumbrancers and the amounts owing to them;
(e)  
set out the claimant's proposals as to the manner of sale of the property charged together with estimates of the gross price which would be obtained on a sale in that manner and of the costs of such a sale; and
(f)  
where the property charged consists of land in respect of which the claimant claims delivery of possession --
(i)  
give particulars of every person who to the best of the claimant's knowledge is in possession of the property charged or any part of it; and
(ii)  
state, in the case of a dwelling house, whether a land charge of Class F has been registered, or a notice or caution pursuant to section 2(7) of the Matrimonial Homes Act 1967Acts, or a notice pursuant to section 2(8) of the Matrimonial Homes Act 1983Acts has been entered and, if so, on whose behalf, and whether he has served notice of the proceedings on the person on whose behalf the land charge is registered or the notice or caution entered.

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