The Civil Procedure Rules 1998

[F1 Failure to comply with order E+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 circuit 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 [F2 comply 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.]

Textual Amendments

F1 Pt. 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))

F2 Words 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