Aids to enforcement

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Obtaining information from judgment debtors

The purpose of an information hearing (formerly known as an oral examination) is to establish the income, assets and liabilities of the debtor. It is a useful means of identifying the most appropriate method of enforcement. The judgment debtor's answers are taken on oath and are subject to the usual perjury rules. The judgment creditor/their representative may attend and may ask additional questions by attaching a list of proposed additional questions to the application notice.

See Practice Note: Orders to obtain information from judgment debtors.

Obtaining the address of the debtor

Where a debtor's whereabouts are unknown, an application may be made for the court to request the disclosure from a government department, such as the Department for Work and Pensions, of the address of the judgment debtor. Family Procedure Rules 2010, PD 6C sets out the procedure and the information to be provided to the government department. Requirements differ depending on whether the application relates to proceedings issued prior to or on or after 6 April 2022.

See Practice Note: Obtaining the address of the debtor.

Notices and

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Hadkinson versus unless orders (Ahmad v Faraj)

Family analysis: The court was concerned with the failure of one party, the husband, to comply with a legal services payment order (LSPO) made in favour of another party, the wife, in order to fund her representation on appeals made by the husband and the second respondent (IBB). The husband and IBB appealed a first instance decision in a financial relief matter and the wife secured a LSPO against the husband for representation during the appeal proceedings. The husband did not comply with that order and the wife applied for an unless order or Hadkinson order to be made to enforce the LSPO. The court declined to make an unless order as it was disproportionate to immediately dismiss the husband’s claim. The court did make a Hadkinson order (per Hadkinson v Hadkinson), which was considered more proportionate and the conditions in de Gaffori v de Gaffori for making such an order were satisfied. Anastasia Gilfillan, barrister, and Emily Lennon, pupil, at 1 Hare Court, consider the decision.

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