[F1Failure to comply with orderE+W
71.8—(1) If a person against whom an order has been made under rule 71.2—
(a)fails to attend court;
(b)refuses at the hearing to take the oath or to answer any question; or
(c)otherwise fails to comply with the order,
the court will refer the matter to a High Court judge or [F2Circuit Judge].
(2) That judge may, subject to paragraphs (3) and (4), make a committal order against the person.
(3) A committal order for failing to attend court may not be made unless the judgment creditor has complied with rules 71.4 and 71.5.
(4) If a committal order is made, the judge will direct that—
(a)the order shall be suspended provided that the person—
(i)attends court at a time and place specified in the order; and
(ii)complies with all the terms of that order and the original order; and
(b)if the person fails to [F3comply with any term on which the committal order is suspended], he shall be brought before a judge to consider whether the committal order should be discharged.
[F4(Part 81 contains provisions in relation to committal.)]]
Textual Amendments
F1Pt. 71 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 2 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
F2Words in rule 71.8(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 31(b) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)
F3Words in rule 71.8 substituted (25.3.20020) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 31
F4Words in rule 71.8 inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 12(b) (with rule 20)
Modifications etc. (not altering text)
C1Pt. 71 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
C2Pt. 71 applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.23 (with rules 2.1, 33.1(1))