Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk

Published on: 14 September 2016

The first step is to ensure that the Penal notice is enforceable. An order may not be enforced under 37.4 of the Family Procedure Rules (FPR 2010), SI 2010/2955 (FPR 2010, SI 2010/2955, 37.4) unless there is a warning to the person required to do or not to do the act in question which is prominently displayed on the front of the order. The warning must be clear that disobedience would be a contempt of court punishable by imprisonment, a fine or sequestration of assets. The wording for a penal notice should be as laid out in FPR 2010, PD 37A, para 1.1 (or in words to similar effect):

‘If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and imprisoned or fined, or your assets may be seized.’

If a person fails to comply with an order to which a penal

Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

Jurisdiction(s):

United Kingdom

Key definition:

Penal notice definition

What does Penal notice mean?

A warning endorsed on a court order notifying the recipient against whom the order is made that he is liable to be committed to prison should he breach the order.