The Civil Procedure Rules 1998

[F1 Arrangements for debtors in hardship E+W

72.7— (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 [F2 County Court] proceedings, to any [F3 County Court hearing centre].

(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.]

Textual Amendments

F1 Pt. 72 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 3 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))

F2 Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(ii); S.I. 2014/954, art. 2(a)

F3 Words in rule 72.7(2)(b) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 32(b) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)

Modifications etc. (not altering text)

C1 Pt. 72 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)