The Civil Procedure Rules 1998

[F1[F2Court may order act to be done at expense of disobedient partyE+W

70.2A.—(1) In this rule “disobedient party” means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract.

(2) Subject to paragraph (4), if a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, the court may direct that the act required to be done may, so far as practicable, be done by another person, being—

(a)the party by whom the order or judgment was obtained; or

(b)some other person appointed by the court.

(3) Where paragraph (2) applies—

(a)the costs to another person of doing the act will be borne by the disobedient party;

(b)upon the act being done the expenses incurred may be ascertained in such manner as the court directs; and

(c)execution may issue against the disobedient party for the amount so ascertained and for costs.

(4) Paragraph (2) is without prejudice to—

(a)the court’s powers under section 39 of the Senior Courts Act 1981; and

(b)the court’s powers to punish the disobedient party for contempt.]]

Textual Amendments