Enforcement tips and tricks – part two

In part one of this blog post I considered early planning, the range of enforcement remedies available and whether joinder of a party would be appropriate. In this concluding part I will look at the following potential enforcement solutions:

• Hadkinson relief
• orders subject to conditions
• declarations of beneficial interest
• an order for lump sum(s) and in default an order for sale
• drafting maintenance orders
• payment on account of costs
• interest
• a general application for enforcement; and
• committal by way of a judgment summons

Hadkinson relief

A party in persistent breach of a court order eg for disclosure, or the payment of maintenance pending suit, may be barred from participating in the proceedings if they are shown to be deliberately, voluntarily and knowingly in contempt and the contempt is an impediment to the course of justice.

This is an unusual remedy: the more outrageous and sustained the breach, the more likely that the court will impose this draconian form of relief (M v M [2011] All ER (D) 90 (Feb)).  Once barred from participating, the court may be able to be persuaded to draw adverse inferences against the excluded party (see Prest v Petrodel Resources [2013] All ER (D) 90 (Jun) as to the court’s ability to draw adverse inferences).

Orders subject to conditions

Under the case management powers set out in the Family Procedure Rules 2010 (FPR 2010), 4.14 the court may make an order subject to conditions and specify the consequences of failure to comply with the order/conditions within a specified time frame.  Practitioners may need to be inventive when considering conditions - they can be directed at encouraging compliance with the order or to make enforcement easier. Potential examples are an order for disclosure that sets out the adverse inferences the court will be asked to make in the event that disclosure is not provided, or an order that is subject to costs consequences in the event of default.

While the court will retain its discretion to deal with issues