The Family Procedure Rules 2010 No. 2955 (L. 17)

[F1 PART 37 E+W APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT

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)

CHAPTER 4 E+W Committal for interference with the due administration of justice

Scope E+W

37.13.— (1) This Chapter regulates committal applications in relation to interference with the due administration of justice in connection with family proceedings, except where the contempt is committed in the face of the court or consists of disobedience to an order of the court or a breach of an undertaking to the court.

(2) A committal application under this Chapter may not be made without the permission of the court.

(The procedure for applying for permission to make a committal application is set out in rule 37.15.)

(Rules 37.16(3) and (4) make provision for cases in which both this Chapter and Chapter 5 (Committal for making a false statement of truth) may be relevant.)

Court to which application for permission under this Chapter is to be made E+W

37.14.— (1) Where the contempt of court is committed in connection with any family proceedings, the application for permission may be made only to a single judge of the Family Division.

(2) Where the contempt of court is committed otherwise than in connection with any proceedings, Part 81 of the CPR applies.

Application for permission E+W

37.15.— (1) The application for permission to make a committal application must be made using the Part 18 procedure, and the application notice must include or be accompanied by—

(a) a detailed statement of the applicant’s grounds for making the committal application; and

(b) an affidavit setting out the facts and exhibiting all documents relied upon.

(2) The application notice and the documents referred to in paragraph (1) must be served personally on the respondent unless the court otherwise directs.

(3) Within 14 days of service on the respondent of the application notice, the respondent—

(a) must file and serve an acknowledgment of service; and

(b) may file and serve evidence.

(4) The court will consider the application for permission at an oral hearing, unless it considers that such a hearing is not appropriate.

(5) If the respondent intends to appear at the permission hearing referred to in paragraph (4), the respondent must give 7 days’ notice in writing of such intention to the court and any other party and at the same time provide a written summary of the submissions which the respondent proposes to make.

(6) Where permission to proceed is given, the court may give such directions as it thinks fit, and may—

(a) transfer the proceedings to another court; or

(b) direct that the application be listed for hearing before a single judge or a Divisional Court.]