Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If someone owes you money under a court judgment and they hold shares, bonds, or other securities, you may be able to secure that debt against those assets. Form N380 is the court form used to apply for a charging order over securities in England and Wales, and it sits within the framework set out in Part 73 of the Civil Procedure Rules.
The process gives a judgment creditor a proprietary interest in the named securities, which can prevent the debtor from dealing with them freely while the debt remains unpaid. This guide walks through what Form N380 is, what information the court will expect you to provide, and the practical points worth thinking about before you submit an application.
It is written for creditors who already hold a judgment or liability order and want to understand how this enforcement route actually works in practice.
What this document is
Form N380 is the prescribed application form for obtaining a charging order over a debtor's securities. A charging order is a court order that places a charge on specified assets belonging to the judgment debtor, meaning the creditor gains a secured interest in those assets up to the value of the debt.
When the asset in question is a share, a government stock, a unit in a unit trust, or a similar financial instrument, this form is the correct route. The jurisdiction for charging orders comes from the Charging Orders Act 1979, and the procedure is governed by CPR Part 73.
The application is typically made without notice in the first instance, and the court can grant an interim charging order before listing a hearing where the debtor and any affected parties can be heard. If the court is satisfied at the final hearing that there is no good reason to refuse the charge, it will make a final charging order, which the creditor can then look to enforce.
How to use this document
Confirm you have a qualifying judgment or liability order. Before filing Form N380, make sure you hold an enforceable judgment, order, or liability order for a sum of money that remains unpaid. Without this underlying debt, the court has nothing to secure, so gather the original order, the claim number, and a clear statement of how much is still owing.
Identify the securities to be charged. You will need to describe the specific securities with enough detail for the court and any third party to identify them. This typically means the type of security, the issuing body or company, the number or nominal value held, and how the debtor's interest is held, whether legally, beneficially, or jointly with others.
Complete Form N380 in full. Fill in the creditor and debtor details, the judgment particulars, the amount outstanding, the securities targeted, and information about any other known creditors or parties with an interest in the assets. Incomplete forms cause delay, so take time to work through each section and attach supporting evidence where the form asks for it.
File the application with the appropriate court. Submit the completed form, any supporting evidence, and the required court fee. The court will usually consider the application on paper and, if satisfied, make an interim charging order that freezes the debtor's ability to deal with the securities pending the final hearing.
Serve the interim order and attend the final hearing. Once the interim order is made, it must be served on the debtor and any other required parties within the time limits set out in CPR Part 73. At the final hearing, the court decides whether to make the charge final, vary it, or discharge it, taking into account any objections raised.
Q What kinds of securities can be covered by a charging order?
The types of assets that can be charged include shares in companies listed on a UK stock exchange, unit trust units, government stock, and similar financial interests held in the debtor's name. The rules draw a distinction between securities held directly and those held through nominees, so it is worth checking how the debtor actually holds the asset before applying, as this affects the form of order the court can make.
Q Do I need a County Court judgment before using Form N380?
Yes, you generally need an existing judgment debt or a qualifying liability order before you can apply for a charging order. The charging order is an enforcement tool rather than a standalone claim, so the underlying sum owed must already have been established by the court. If you have not yet obtained judgment, you will need to pursue the debt through the usual claim process first.
Q Is the application made with notice to the debtor?
The initial application for an interim charging order is usually made without notice, meaning the debtor is not told in advance. This prevents the debtor from disposing of the securities before the charge takes effect. Once the interim order is granted, it must be served on the debtor and other specified parties, and they can then make representations at the final hearing.
Q How much does it cost to file Form N380?
A court fee applies when submitting the application, and fees are reviewed periodically, so check the current figure on gov.uk before filing. Fee remission may be available for applicants on a low income or receiving certain benefits. You should also budget for the time and any legal costs involved in preparing the evidence and attending the final hearing.
Q What happens if the debtor still does not pay after a final charging order?
A charging order secures the debt but does not automatically release funds to the creditor. If the debtor continues to ignore the order, the creditor can apply for a further order for sale of the charged securities, which allows the assets to be sold and the proceeds applied to the debt. This is a separate application and the court will weigh various factors before granting it.
Q Can I apply for a charging order if the securities are held jointly?
You can, but the court can generally only charge the debtor's own beneficial interest, not the interest of any co-owner. You will need to set out clearly how the securities are held and what share the debtor has. Co-owners and other interested persons are entitled to be notified and can make representations before a final order is made.
Q How long does the whole process usually take?
Timescales vary depending on the court's workload, the complexity of the debtor's holdings, and whether the debtor raises objections. An interim order can often be made relatively quickly on paper, but the gap between the interim and final hearings is typically several weeks. Contested applications can take longer, particularly if further evidence or witnesses are needed.
Enforcing a judgment against securities involves timing, evidence, and several procedural steps that can trip up a first-time applicant. An experienced legal adviser can help you think through your options based on what you describe, so you can decide whether Form N380 fits your circumstances before you file.
✓Plain-English answers to your specific questions about the process
✓Practical perspective on whether a charging order suits your situation
✓Guidance tailored to what you describe about the debt and the assets
✓A clearer sense of what to watch out for at each stage
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.