David Salter

This Practice Note sets out the requirements and procedure in relation to the use of a judgment summons as a method of enforcing an order made in family proceedings, including human rights considerations. Where a debtor has the means to pay the debt and refuses or neglects to do so, the court may consider making a committal order.

This Practice Note sets out the basis of the courts' jurisdiction for proceedings for divorce and judicial separation, both on or after 1 January 2021 and prior to that date, having regard to the implications of the UK’s withdrawal from the EU. It also provides guidance on cases where there are competing jurisdictions.

This Practice Note sets out the application and scope of Brussels I and Brussels II bis in relation to jurisdiction in family proceedings within the EU and the determination of which Member State has jurisdiction. It also provides guidance on the EU Maintenance Regulation and its interaction with other provisions. For guidance on proceedings in non-EU countries, including proceedings and requests instituted in the UK post IP completion day (11pm on 31 December 2020), see Practice Note: Jurisdiction in overseas cases including cases with UK-EU connections issued after IP completion day. The implications of Brexit, including transitional provisions, are also considered.

This Practice Note provides guidance on issues relating to jurisdiction in overseas cases, including cases with UK-EU connections issued after 11pm on 31 December 2020 (IP completion day), and sets out the circumstances in which the courts in England and Wales will have jurisdiction in family proceedings, specifically under the Domicile and Matrimonial Proceedings Act 1973.

This Practice Note details limitations on enforcement to be taken into account when seeking to enforce an order made in family proceedings, including time limits, interest, specific requirements as to periodical payments orders (including where arrears are more than twelve months old) and the transfer of proceedings.

This Practice Note sets out when information from government departments may be obtained to ascertain the address of a debtor/respondent where their whereabouts is unknown. It details the procedure for making an application, the relevant provisions of the Family Procedure Rules 2010 (FPR 2010), in particular FPR 2010, PD 6A and FPR 2010, Pt 18, and lists the information required by government departments.

This Practice Note details the requirements for an application for an order to obtain information from a judgment debtor, formerly known as an 'oral examination', including the criteria for such an order, procedure, hearing provisions and action that can be taken if the debtor fails to comply. Such an order is an aid to enforcement rather than an enforcement method.

This Practice Note sets out the requirements and procedure in relation to the use of a means of payment order (MPO) as a means of enforcing an order made in family proceedings. A MPO is an order requiring the payer of qualifying periodical payments to make payments in a particular way or that an attachment of earnings order (AEO) be made. It sets out the procedure to be followed and considers variation.

This Practice Note details the steps that should be taken in family proceedings to prepare for an appeal, requirements regarding the filing of documents, the powers of the appeal court and the orders that may be made. It also sets out the role of the appellate court, the test to be applied on appeal and key provisions of Part 30 of the Family Procedure Rules 2010 (FPR 2010) and PD 30A.

This Practice Note details the procedure for an interim remedy under Part 20 of the Family Procedure Rules 2010 (FPR 2010), including jurisdictional issues, requirements as to evidence, without notice applications and undertakings. Interim orders that may be made under Part 20 include injunctions, declarations, freezing orders and search orders.

This Practice Note explains, in the context of enforcement in family proceedings, what equitable execution is in the context of receivership and the practical considerations that apply. It also explains what assets receivership may be used for, equitable execution, the effect of such an order and procedural steps. Non-compliance and discharge of the receiver are also considered.

This Practice Note details the types of High Court maintenance orders that may be registered in the Family Court for the purposes of enforcement, the circumstances in which such registration may be appropriate and the procedure to be followed. It also sets out enforcement options by a party for a variation of method of payment and cancellation of registration of the order.

This Practice Note sets out the criteria applied upon an application to restrain a party from leaving the jurisdiction by way of a writ ne exeat regno, or passport seizure order, where the applicant believes that the respondent may seek to leave the country in order to defeat the applicant's financial claims, together with the relevant procedure. Other circumstances in which the court may make an order to keep a respondent in this jurisdiction are also considered.

This Practice Note sets out the requirements and procedure in family proceedings for a search order (formerly known as an Anton Piller order) to enter a respondent's premises to search for, inspect or remove documents, in accordance with Part 20 of the Family Procedure Rules 2010 (FPR 2010) and FPR 2010, PD 20A. It also includes guidance on the provisions in relation to the appointment of a supervising solicitor.

This Practice Note explains charging orders over securities together with stop notices and stop orders as a method of enforcement. It also sets out the procedure for seeking a charging order over securities in accordance with Part 40 of the Family Procedure Rules 2010 (FPR 2010) and FPR 2010, PD 40A, and when it may be appropriate to seek a stop order or notice.

This Practice Note explains the provisions for security for costs in the Family Procedure Rules 2010 (FPR 2010). It covers the procedure and the courts’ powers to make an order for security for costs and the conditions that have to be met. It considers the amount of security and the situation where a legally aided client is required to give security for costs.

This Practice Note sets out the procedure for the confiscation of assets (sequestration) in the context of family proceedings and identifies when contempt may be dealt with by way of sequestration under the substituted Part 37 of the Family Procedure Rules 2010 in effect from 1 October 2020.

This Practice Note provides guidance on sequestration as a method of execution in family proceedings to enforce an outstanding financial order without any contempt of court in accordance with Part 83 of the Civil Procedure Rules 1998 (CPR 83), as applied to family proceedings, with modifications, by the Family Procedure Rules 2010.

This Practice Note sets out the basis on which a financial order may be set aside, including where there has been material non-disclosure or an event shortly after the making of the order that fundamentally alters its basis (a ‘Barder event’). It also details the applicable provisions of the Family Procedure Rules 2010 (FPR 2010) and reflects the changes to FPR 2010 that came into effect on 3 October 2016.