The Civil Procedure Rules 1998

[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 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 [F2comply 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