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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32955
Experience:  Award winning lawyer with over 15 years experience
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I have been awarded costs by the court of protection,

Customer Question

I have been awarded costs by the court of protection, sitting at Oxford Combined Court in 2010.
I sought advice on here in March 2015.
And was advised to submit N379 application for a charging order on property to Oxford Court.
I did so. This was rejected, as the original case had been transferred to COP in London.
I resubmitted my application to COP in London, this too was rejected as I did not submit the correct forms.
I have since asked COP, which forms I should use.
They will not offer such advice, saying i should seek independant legal advice.
I have consulted a layer, who is not experienced with COP. she said I would probably seek permission to apply.
If so which forms should I use.
i have had a look on the COP website, and none of the forms seem relevant.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.

Were you awarded a fixed sum of costs and this sum has not been paid? Do you know why it has not been paid?

Customer: replied 1 year ago.

I was awarded fixed costs against my sister in the court of protection,

due to her unreasonable conduct, which increased costs on all sides.

I am now seeking that sum plus interest.

I have no idea why this has not been paid. She refuses to discuss the matter.

As her house, which she co-owns with her ex-hushand, is due to be sold, I was advised to apply for a charging order/restriction on the sale of the property.

I tried to do this by applying to Oxford Combined Court where COP was sitting.

I have since been told that I have to apply to COP in London, as the original case, invollving the care of my late mother, was transferred there.

I then sent my application N379 form to COP, this was rejected as I had not filled in the correct form. But they will not tell me which forms to use.

I realise that this is an unusual problem, hence I am looking for advice.

Expert:  Thomas Judge replied 1 year ago.

I am a little confused as it would appear that you are undertaking the correct process. I have also checked the CPR for you which confirms that -

"Application notice – rule 73.3

1.1 An application for a charging order must be made by filing an application notice in Practice Form N379 if the application relates to land, or N380 if the application relates to securities.

1.2 The application notice must contain the following information –

(1) the name and address of the judgment debtor;

(2) details of the judgment or order sought to be enforced;

(3) the amount of money remaining due under the judgment or order;

(4) if the judgment debt is payable by instalments, the amount of any instalments which have fallen due and remain unpaid;

(5) if the judgment creditor knows of the existence of any other creditors of the judgment debtor, their names and (if known) their addresses;

(6) identification of the asset or assets which it is intended to charge;

(7) details of the judgment debtor's interest in the asset; and

(8) the names and addresses of the persons on whom an interim charging order must be served under rule 73.5(1).

1.3 A judgment creditor may apply in a single application notice for charging orders over more than one asset, but if the court makes interim charging orders over more than one asset, it will draw up a separate order relating to each asset.

The fact is that you have used the correct form and presumably completed it properly with the information as set out above.

Customer: replied 1 year ago.

The problem is that the court of protection is a very different "beast".

I think that I have to ask COP for permission to apply, or something like that.

Are there no solicitors on here with experience of COP?

Expert:  Thomas Judge replied 1 year ago.

I agree, and as such will opt out to allow someone else to help

Customer: replied 1 year ago.

Thanks for your help.

Do I need to resubmit my question, to get someone else to help