SCHEDULE 2Remedies

Rule 17

Table 1

Remedies which may not be granted by lay justices in the family court

1

Charging order.

2

Order (known as a “freezing injunction”) restraining a party from:

a

removing from the jurisdiction assets located there;

b

dealing with any assets whether located in the jurisdiction or not.

3

Interim injunction.

4

Interim declaration.

5

Order under section 34 Senior Courts Act 198162 or section 53 County Courts Act 198463, as applied to the family court under section 31E Matrimonial and Family Proceedings Act 198464, for disclosure of documents or inspection of property against a non-party.

6

Order for a specified fund to be paid into court where there is a dispute over a party’s right to the fund.

7

Order permitting a party seeking to recover personal property to pay money into court pending the outcome of the proceedings and directing that, if money is paid into court, the property must be given to that party.

8

Order directing a party to provide information about the location of relevant property or assets or to provide information about relevant property or assets, which are or may be the subject of an application for a freezing injunction.

9

Order directing a party to prepare and file accounts relating to the dispute.

10

Order directing an account to be taken or enquiry to be made by the court.

11

Third party debt order.

12

Order for—

a

detention, custody or preservation of relevant property;

b

inspection of relevant property;

c

taking of a sample of relevant property;

d

carrying out an experiment on or with relevant property;

e

sale of relevant property which is of a perishable nature or which for any other good reason it is desirable to sell quickly;

f

the payment of income from relevant property until an application is decided.

13

Order authorising a person to enter any land or building in the possession of a party for the purposes of carrying out an order referred to in paragraph 12.

14

Warrant of delivery.

15

Warrant of control.

16

Warrant for the possession of land.

17

Order to deliver up goods under section 4 of the Torts (Interference with Goods) Act 197765.

Table 2

Remedies which may not be granted by lay justices or judges of district judge level in the family court

1

Civil restraint order (limited).

Table 3

Remedies which may not be granted by lay justices, judges of district judge level or judges of circuit judge level in the family court

1

Civil restraint order (extended or general), except that such orders may be granted by a Designated Family Judge or a deputy Designated Family Judge.

2

Search order requiring a party to admit another party to premises for the purposes of preserving evidence etc (section 7 Civil Procedure Act 199766).

3

Claims in respect of a judicial act under the Human Rights Act 199867.

4

Action in respect of the interference with the due administration of justice.

5

Warrants of sequestration to enforce a judgment, order or undertaking in the family court.