England and Wales · Civil enforcement
How soon may the final third party debt order hearing take place?
CPR 72.4(5) requires the hearing date to be not less than twenty-eight days after the interim third party debt order is made.
- Period
- At least twenty-eight clear days before the final-order hearing
- Trigger
- Actual date the interim third party debt order is made
- Rule
- CPR 72.4(5)
Official Justice UK CPR text and legislation.gov.uk statutory XML retained on October 9, 2026. The retained source metadata and acquisition receipts identify each edition. No claim of later amendments or actual local court opening is made.
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How soon may the final third party debt order hearing take place?
CPR 72.4(5) requires the hearing date to be not less than twenty-eight days after the interim third party debt order is made.
Responsible actor. The court fixing the hearing and parties checking the listed interval.
Actual date the interim third party debt order is made.
This is a minimum listing interval. It does not require the creditor to make a further filing on the twenty-eighth day or guarantee that the court will list the hearing at the minimum.
This is a minimum listing interval. It does not require the creditor to make a further filing on the twenty-eighth day or guarantee that the court will list the hearing at the minimum.
CPR 72.4(5)How does this provision count time?
- CPR 2.8 excludes the interim order date and the hearing date. Twenty-eight complete intervening dates give an ordinary earliest hearing on the following date.
- The calculated minimum is not proof the court will sit on that date. Use the actual hearing listing and any lawful directions, rather than representing a weekend date as a confirmed listing.
CPR 2.8 excludes the interim order date and the hearing date. Twenty-eight complete intervening dates give an ordinary earliest hearing on the following date.
The calculated minimum is not proof the court will sit on that date. Use the actual hearing listing and any lawful directions, rather than representing a weekend date as a confirmed listing.
CPR 72.4(5)What do independently checked examples show?
Fictitious example
The court fixing the hearing and parties checking the listed interval. The actual operative event occurred on Friday, October 9, 2026. There must be 28 intervening calendar dates, Saturday, October 10, 2026 through Friday, November 6, 2026. The earliest ordinary later event is Saturday, November 7, 2026. Interior weekends or holidays do not create a short-period exclusion in this interval. The result does not guarantee listing or lawful sale/dealing under separate restrictions. Additional fictitious established facts. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The court fixing the hearing and parties checking the listed interval. The actual operative event occurred on Friday, October 9, 2026. There must be 28 intervening calendar dates, Saturday, October 10, 2026 through Friday, November 6, 2026. The earliest ordinary later event is Saturday, November 7, 2026. Interior weekends or holidays do not create a short-period exclusion in this interval. The result does not guarantee listing or lawful sale/dealing under separate restrictions. Additional fictitious established facts. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The actual operative event occurred on Friday, October 9, 2026. There must be 28 intervening calendar dates, Saturday, October 10, 2026 through Friday, November 6, 2026. The earliest ordinary later event is Saturday, November 7, 2026. Interior weekends or holidays do not create a short-period exclusion in this interval. The result does not guarantee listing or lawful sale/dealing under separate restrictions. | Saturday, November 7, 2026 |
| Example 2. Closed-day boundary | The court fixing the hearing and parties checking the listed interval. The actual operative event occurred on Monday, December 21, 2026. There must be 28 intervening calendar dates, Tuesday, December 22, 2026 through Monday, January 18, 2027. The earliest ordinary later event is Tuesday, January 19, 2027. Interior weekends or holidays do not create a short-period exclusion in this interval. The result does not guarantee listing or lawful sale/dealing under separate restrictions. Additional fictitious established facts. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The actual operative event occurred on Monday, December 21, 2026. There must be 28 intervening calendar dates, Tuesday, December 22, 2026 through Monday, January 18, 2027. The earliest ordinary later event is Tuesday, January 19, 2027. Interior weekends or holidays do not create a short-period exclusion in this interval. The result does not guarantee listing or lawful sale/dealing under separate restrictions. | Tuesday, January 19, 2027 |
| Example 3. Material procedural branch | The court fixing the hearing and parties checking the listed interval. A proposed listing is supplied without an actual interim third party debt order. An actual interim order is required before calculating the ordinary earliest hearing. Additional fictitious established facts. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. A proposed listing is supplied without an actual interim third party debt order. An actual interim order is required before calculating the ordinary earliest hearing. | An actual interim order is required before calculating the ordinary earliest hearing. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Identified actor and operative event
- This is a minimum listing interval. It does not require the creditor to make a further filing on the twenty-eighth day or guarantee that the court will list the hearing at the minimum.
- Provision-specific counting and closure
- CPR 2.8 excludes the interim order date and the hearing date. Twenty-eight complete intervening dates give an ordinary earliest hearing on the following date. The calculated minimum is not proof the court will sit on that date. Use the actual hearing listing and any lawful directions, rather than representing a weekend date as a confirmed listing.
- Required completion and separate procedural route
- An interim order becomes binding on the third party when served under paragraph (4). A sufficient hearing interval does not establish timely service or a binding restraint.
- This is a minimum listing interval. It does not require the creditor to make a further filing on the twenty-eighth day or guarantee that the court will list the hearing at the minimum.
- The interim order date starts this minimum. The actual fixed hearing then supplies the separate backward service dates under rule 72.5.
What must the responsible actor complete?
Questions about this procedure
How soon may the final third party debt order hearing take place?
Does the minimum hearing interval start when the application is filed?
No. Rule 72.4(5) uses when the interim third party debt order is made. Preserve that actual order event.
CPR 72.4(5)Is the twenty-eighth date after the order automatically a permitted hearing date?
Both endpoint dates are excluded by the clear-day method. There must be twenty-eight complete intervening dates before the hearing event.
CPR 72.4(5); 2.8(2)–(3)Does the court have to list the hearing at the minimum interval?
The rule states a minimum, not a guaranteed listing. A later actual hearing supplies the service timetable.
CPR 72.4(2)(a), (5)Does the interim order restrain the third party before it is served?
Rule 72.4(4) says it becomes binding on the third party when served. The order date alone does not establish that binding event.
CPR 72.4(4)Does this twenty-eight-day minimum replace the creditor’s service duties?
No. Rule 72.5 separately requires service on the third party and debtor using the fixed hearing and the third-party service event.
CPR 72.5(1)What evidence identifies the actual hearing interval?
Retain the made interim order and the notice fixing the hearing. An estimated hearing date or draft order does not establish the listed interval.
CPR 72.4(2), (5)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| CPR 72.4(5) | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8(2)–(5) | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8(2)–(3) | Check the identified procedure, event, counting rule or qualification |
| CPR 72.4(2)(a), (5) | Check the identified procedure, event, counting rule or qualification |
| CPR 72.4(4) | Check the identified procedure, event, counting rule or qualification |
| CPR 72.5(1) | Check the identified procedure, event, counting rule or qualification |
| CPR 72.4(2), (5) | Check the identified procedure, event, counting rule or qualification |
| CPR 72.4(5); 2.8(2)–(3) | Check the identified procedure, event, counting rule or qualification |