The Family Procedure Rules 2010

[F1 CHAPTER 7 E+W General rules about committal applications, orders for committal and writs of sequestration

Textual Amendments

F1 Pt. 37 inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 44, Sch. (with rule 45)

The hearing E+W

37.27.— (1) Unless the court hearing the committal application or application for sequestration otherwise permits, the applicant may not rely on—

(a) any grounds other than—

(i) those set out in the application notice; or

(ii) in relation to committal application under Chapter 4, the statement of grounds required by rule 37.15(1)(a) (where not included in the application notice);

(b) any evidence unless it has been served in accordance with the relevant Chapter of this Part or the Practice Direction supplementing this Part.

(2) At the hearing, the respondent is entitled—

(a) to give oral evidence, whether or not the respondent has filed or served written evidence, and, if doing so, may be cross-examined; and

(b) with the permission of the court, to call a witness to give evidence whether or not the witness has made an affidavit or witness statement.

(3) The court may require or permit any party or other person (other than the respondent) to give oral evidence at the hearing.

(4) The court may give directions requiring the attendance for cross-examination of a witness who has given written evidence.

(5) The general rule is that a committal application, application for sequestration or application for discharge from custody will be heard, and judgment given, in public, but a hearing, or any part of it, may be in private (but with the matters in paragraph (6) always stated in public) if—

(a) publicity would defeat the object of the hearing;

(b) it involves matters relating to national security;

(c) it involves confidential information (including information relating to personal financial matters) and publication would damage that confidentiality;

(d) a private hearing is necessary to protect the interests of any child or protected party;

(e) it is a hearing of an application made without notice and it would be unjust to any respondent for there to be a public hearing; or

(f) the court considers this to be necessary, in the interests of justice.

(6) If the court hearing an application in private decides to make a committal order against the respondent, it will in public state—

(a) the name of the respondent;

(b) in general terms, the nature of the contempt of court in respect of which the committal order is being made; and

(c) the length of the period of the committal order.

(7) Where a committal order is made in the absence of the respondent, the court may on its own initiative fix a date and time when the respondent is to be brought before the court.

Power to suspend execution of a committal order E+W

37.28.— (1) The court making the committal order may also order that execution of the order will be suspended for such period or on such terms and conditions as the court may specify.

(2) Unless the court otherwise directs, the applicant must serve on the respondent a copy of any order made under paragraph (1).

Warrant of committal E+W

37.29.— (1) If a committal order is made, the order will be for the issue of a warrant of committal.

(2) Unless the court orders otherwise—

(a) a copy of the committal order must be served on the respondent either before or at the time of the execution of the warrant of committal; or

(b) where the warrant of committal has been signed by the judge, the committal order may be served on the respondent at any time within 36 hours after the execution of the warrant.

(3) Without further order of the court, a warrant of committal must not be enforced more than 2 years after the date on which the warrant is issued.

Discharge of a person in custody E+W

37.30.— (1) A person committed to prison for contempt of court may apply to the court to be discharged.

(2) The application must—

(a) be in writing and attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer);

(b) show that the person committed to prison for contempt has purged, or wishes to purge, the contempt; and

(c) be served on the person (if any) at whose instance the warrant of committal was issued at least one day before the application is made.

(3) Paragraph (2) does not apply to—

(a) a warrant of committal to which F2 ...CCR Order rule 4 or 14, relates;

(b) an application made by the Official Solicitor acting with official authority for the discharge of a person in custody..

(4) If the committal order is made in the family court and—

(a) does not direct that any application for discharge must be made to a judge; or

(b) was made by a district judge under section 118 of the County Courts Act 1984;

the application for discharge may be made to a district judge.

(5) If the committal order is made in the High Court, the application for discharge may be made to a single judge of the Family Division.

Textual Amendments

F2 Words in rule 37.30(3)(a) omitted (6.4.2016) by virtue of The Family Procedure (Amendment) Rules 2016 (S.I. 2016/355), rules 1(2), 6 (with rule 9)

Discharge of a person in custody where a writ of sequestration has been issued E+W

37.31.   Where—

(a) a writ of sequestration has been issued to enforce a judgment or order;

(b) the property is in the custody or power of the respondent;

(c) the respondent has been committed for failing to deliver up any property or deposit it in court or elsewhere; and

(d) the commissioners appointed by the writ of sequestration take possession of the property as if it belonged to the respondent;

then, without prejudice to rule 37.30(1) (discharge of a person in custody), the court may discharge the respondent and give such directions for dealing with the property taken by the commissioners as it thinks fit.]