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England and Wales · Civil enforcement

When must objection evidence be filed and served before a charging hearing?

CPR 73.10A(2) requires an objector to file written grounds and serve them on the judgment creditor at least seven days before the hearing on the identified hearing route.

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Period
At least seven clear days before hearing for both filing and creditor service
Trigger
Actual fixed charging-order hearing date
Rule
CPR 73.10A(2)
CPR 73.10A(2)

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.

Source guide · No automated date

Check the applicable procedure

The order must have been made outside CNBC or transferred out under rule 73.4(6). An actual hearing and elected objection are required to select this route. An elected hearing-route objection has a fixed ordinary seven-day requirement for both filing and service. Establish the actual hearing, service method, recipients, court-office calendar and directions before choosing an applicable completion date.

CPR 73.10A(2)

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When must objection evidence be filed and served before a charging hearing?

CPR 73.10A(2) requires an objector to file written grounds and serve them on the judgment creditor at least seven days before the hearing on the identified hearing route.

Responsible actor. The person actually objecting on the charging-order hearing route.

Actual fixed charging-order hearing date.

The order must have been made outside CNBC or transferred out under rule 73.4(6). An actual hearing and elected objection are required to select this route.

The order must have been made outside CNBC or transferred out under rule 73.4(6). An actual hearing and elected objection are required to select this route.

CPR 73.10A(2)

How does this provision count time?

  1. Exclude both completion and hearing dates, leaving seven intervening dates. The seven-day period does not trigger CPR 2.8(4)’s five-days-or-less exclusion.
  2. Any court-office filing carry and effective creditor service require separate treatment. A later filing date cannot silently erase the minimum notice to the creditor before hearing.

Exclude both completion and hearing dates, leaving seven intervening dates. The seven-day period does not trigger CPR 2.8(4)’s five-days-or-less exclusion.

Any court-office filing carry and effective creditor service require separate treatment. A later filing date cannot silently erase the minimum notice to the creditor before hearing.

CPR 73.10A(2)

Which facts prevent one automatic date?

The order must have been made outside CNBC or transferred out under rule 73.4(6). An actual hearing and elected objection are required to select this route. An elected hearing-route objection has a fixed ordinary seven-day requirement for both filing and service. Establish the actual hearing, service method, recipients, court-office calendar and directions before choosing an applicable completion date.

ResultRead the operative provision and establish the applicable branch.

The order must have been made outside CNBC or transferred out under rule 73.4(6). An actual hearing and elected objection are required to select this route. Exclude both completion and hearing dates, leaving seven intervening dates. The seven-day period does not trigger CPR 2.8(4)’s five-days-or-less exclusion. At least seven clear days before hearing for both filing and creditor service. Establish the actual applicable procedure before completing the act.

Any court-office filing carry and effective creditor service require separate treatment. A later filing date cannot silently erase the minimum notice to the creditor before hearing. Exclude both completion and hearing dates, leaving seven intervening dates. The seven-day period does not trigger CPR 2.8(4)’s five-days-or-less exclusion. No automatic computed date or purchase.

An elected hearing-route objection has a fixed ordinary seven-day requirement for both filing and service. Establish the actual hearing, service method, recipients, court-office calendar and directions before choosing an applicable completion date. The paper-track twenty-eight days starts with service of the application and interim order. The hearing-track seven days instead counts backward from hearing. Check the identified alternate procedure and actual direction or events.

Which conditions and exceptions apply?

Identified actor and operative event
The order must have been made outside CNBC or transferred out under rule 73.4(6). An actual hearing and elected objection are required to select this route.
Provision-specific counting and closure
Exclude both completion and hearing dates, leaving seven intervening dates. The seven-day period does not trigger CPR 2.8(4)’s five-days-or-less exclusion. Any court-office filing carry and effective creditor service require separate treatment. A later filing date cannot silently erase the minimum notice to the creditor before hearing.
Required completion and separate procedural route
An elected hearing-route objection has a fixed ordinary seven-day requirement for both filing and service. Establish the actual hearing, service method, recipients, court-office calendar and directions before choosing an applicable completion date.
CPR 73.10A(2)
  • The order must have been made outside CNBC or transferred out under rule 73.4(6). An actual hearing and elected objection are required to select this route.
  • The paper-track twenty-eight days starts with service of the application and interim order. The hearing-track seven days instead counts backward from hearing.

What must the responsible actor complete?

Questions about this procedure

When must objection evidence be filed and served before a charging hearing?

Is seven days before hearing sufficient if the grounds were never served on the creditor?

No. Paragraph (2) requires both filing and service on the judgment creditor of the written evidence.

CPR 73.10A(2)(a)–(b)

Does this seven-day hearing requirement apply to every CNBC paper objection?

Rule 73.10A(1) identifies the outside-CNBC or transferred hearing route. Rule 73.10(2) governs the untransferred paper route.

CPR 73.10A(1); 73.10(1)–(2)

Do ordinary weekends count inside seven clear days before the charging hearing?

Yes. The CPR short-period omission applies to periods of five days or less, while this source period is seven.

CPR 73.10A(2); 2.8(4)

Does a late evidence filing automatically discharge the interim charge?

Rule 73.10A(3) states the court’s powers at the hearing. A source date calculation does not replace the court’s decision or an actual direction.

CPR 73.10A(3)

Can the court decide a disputed issue rather than immediately make the charge final?

Paragraph (3) includes deciding disputed issues or directing a trial, alongside making or discharging the order.

CPR 73.10A(3)(a)–(e)

Who serves the order made at the charging hearing?

Paragraph (5) provides for service by the court on all persons on whom the interim order was required to be served. That is separate from the objector’s evidence service.

CPR 73.10A(5)

Official sources and review

Provisions used (11)
Provisions used in this guide
ProvisionPurpose
CPR 73.10A(2)Check the identified procedure, event, counting rule or qualification
CPR 2.8(2)–(5)Check the identified procedure, event, counting rule or qualification
CPR 73.10A(2)(a)–(b)Check the identified procedure, event, counting rule or qualification
CPR 73.10A(1)Check the identified procedure, event, counting rule or qualification
CPR 73.10(1)–(2)Check the identified procedure, event, counting rule or qualification
CPR 2.8(4)Check the identified procedure, event, counting rule or qualification
CPR 73.10A(3)Check the identified procedure, event, counting rule or qualification
CPR 73.10A(3)(a)–(e)Check the identified procedure, event, counting rule or qualification
CPR 73.10A(5)Check the identified procedure, event, counting rule or qualification
CPR 73.10A(1); 73.10(1)–(2)Check the identified procedure, event, counting rule or qualification
CPR 73.10A(2); 2.8(4)Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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