Deputy High Court judge and Recorder

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 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.

This Practice Note sets out the mandatory requirement for an EU Member State to stay family proceedings where another Member State has already been seised with jurisdiction, or where there are competing proceedings issued in the UK or an EU Member State on or before 31 December 2020, or where one set of proceedings was issued on or before that date in the UK or an EU Member State and further proceedings were issued on or after 1 January 2021 in the UK or an EU Member State, together with the applicable procedure.

This Practice Note details the procedure, requirements and criteria for staying proceedings, where there are concurrent proceedings in another jurisdiction, under the Domicile and Matrimonial Proceedings Act 1973. It also details the effects of a stay of proceedings and circumstances in which a stay will be mandatory or discretionary.

This Practice Note sets out the limited circumstances in which the court may stay proceedings (whether or not there are concurrent proceedings in another jurisdiction) under the inherent jurisdiction of the court. It also details the relatively rare occasions when the court may grant an anti-suit or Hemain injunction.

This Practice Note sets out the main substantive and procedural provisions as to the taking of evidence in the EU in relation to family proceedings both before and after implementation period (IP) completion day (11pm on 31 December 2020).

This Practice Note sets out general guidance on the tax implications of contributions to and payments from pension schemes and the types of pension orders that may be made in financial order proceedings.

This Practice Note sets out the tax implications of marriage and civil partnership, including in relation to income tax, capital gains tax and inheritance tax.

This Practice Note looks at examples of orders in financial proceedings and the range of tax issues that may arise where periodical payments orders, lump sum orders or property adjustment orders are made or where there are business assets.

This Practice Note sets out the tax implications to be considered on relationship breakdown, ie separation, divorce or dissolution, including income tax, capital gains tax, stamp duty land tax and inheritance tax.