C1C2C3C4C5F1PART 71ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Pt. 71 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

C4

Pt. 71 applied (with modifications) (22.4.2014) by SI 2010/2955 rule 33.23 (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), art. 1, rule 41 (with art. 45))

C2C3Failure to comply with order71.8

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 F4Circuit 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.

F3(Part 81 contains provisions in relation to committal.)