GLOSSARY

Penal notice definition

Produced in partnership with David Salter of Deputy High Court judge and Recorder

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.

View the related practice notes about Penal notice

Enforcement of undertakings

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which affects normal practice, including provision for some family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). During this period of disruption to the justice system, practitioners should be aware that local practice may vary.This Practice Note provides guidance on the enforcement of an undertaking either for the payment of money, or to do or abstain from doing any act other than the payment of money. It also considers the requirements in contempt proceedings as to the breach of an undertaking.The key provisions on the enforcement of undertakings are set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pts 33 and 37, together with FPR 2010, PD 33A and FPR 2010, PD 37A.With effect from 1 October 2020, FPR 2010, SI 2010/2955, Pt 37, together with FPR 2010, PD 37A, were substituted. See News Analysis: Changes to contempt of court in family

Enforcing children orders (private law)

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which affects normal practice, including provision for some family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). During this period of disruption to the justice system, practitioners should be aware that local practice may vary.With particular regard to private law children proceedings during the coronavirus (COVID-19) pandemic guidance has been released by the President, Cafcass and Her Majesty’s Courts and Tribunals Service (HMCTS), for full details see Practice Note: Child Arrangements Programme—the procedure for section 8 applications—The procedure for section 8 applications—COVID-19.Search and recoveryWhere a person is required by an order under section 8 of the Children Act 1989 (ChA 1989) to give up a child to another person and the court that made that order is satisfied that the child has not been given up, it may make a search and recovery order, authorising an officer of the court or a

Discover our 54 Practice Notes on Penal notice

TAKE A FREE TRIAL

View the related precedents about Penal notice

Draft order for a worldwide freezing injunction (WFO)—Commercial Court

Draft order for a worldwide freezing injunction (WFO)—Commercial Court IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES QUEEN’S BENCH DIVISION COMMERCIAL COURT before [The Honourable Mr Justice OR The Honourable Mrs Justice] [insert name of judge] (sitting in private) Claim No. [insert claim number] between: [insert name(s)] Claimant(s)/Applicant(s) and [insert name(s)] Claimant(s)/Respondent(s) [The Claimant(s) and Defendant(s) in an Intended Action] _______________________________________ DRAFT FREEZING ORDER _______________________________________ PENAL NOTICE If you [insert name of respondent(s)] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized. Any other person who knows of this order and does anything which helps or permits the Respondent to breach the terms of this order may also be held to be in contempt of court and may be imprisoned, fined or have their assets seized. 1 THIS ORDER 1.1 This is a Freezing Injunction made against [ ] ("the Respondent") on [ ] by Mrs/Mr Justice [ ] on the application of [ ] ("the Applicant"). The Judge read the Affidavits listed in Schedule A and accepted the undertakings set out in Schedule B at the end of this Order. 1.2 This order was made at a hearing without notice to the Respondent, at which the Court was satisfied that it was in the interests of justice to sit in private. Pursuant to CPR

Order for an interim prohibitory injunction

Order for an interim prohibitory injunction Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] between: [insert name] Applicant and [insert name] Respondent [The Claimant and Defendant in an Intended Action] _______________________________________ [ Draft ] order _______________________________________ PENAL NOTICE [ This Order [prohibits you, [insert name of respondent], from doing OR obliges you, [insert name of respondent], to do] the acts set out below. If you disobey this Order you may be held in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law. OR This Order [prohibits you, [insert name of respondent], from doing OR obliges you, [insert name of respondent], to do] the acts set out below. If you (or any director or officer of [insert name of respondent]) disobey this Order you (or your director(s) or officer(s)) may be held in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law.] Any other person who knows of this Order and does anything which helps or permits the Respondent to breach the terms

Dive into our 12 Precedents related to Penal notice

TAKE A FREE TRIAL

View the related q&as about Penal notice

What steps can be taken to enforce a specific issue order?

What steps can be taken to enforce a specific issue order? The method of enforcement to be employed in relation to a specific issue order is very much dependent on the nature of the order itself and on the facts of the case. Certain methods of enforcement will not be appropriate for particular orders. The court's primary objective is ordinarily to secure the effective operation of any order, and therefore, some measures that may be taken are not concerned with a formal enforcement procedure but rather are directed to securing the effective operation of the order. When considering how to achieve effective cooperation with a specific issue order measures that may be taken range from those which are in the least interventionist category, to those procedures which can result in the wholesale reconsideration of the substantive order and/or the possible imprisonment of the party in breach. In an appropriate case, the court might consider making an order for further directions. Where for example there is a lack of clarity, or disagreement concerning the meaning of provisions in the substantive order, the court may be invited to redefine the terms of the order. For the purposes of enforcement it is

The respondent to a financial order application has been personally served but has not engaged with the proceedings, including as to the requirement to file and serve a financial statement in Form E. Would it still be appropriate for the applicant to raise a questionnaire in accordance with Family Procedure Rules 2010, SI 2010/2955, 9.14(5)(c)?

The respondent to a financial order application has been personally served but has not engaged with the proceedings, including as to the requirement to file and serve a financial statement in Form E. Would it still be appropriate for the applicant to raise a questionnaire in accordance with Family Procedure Rules 2010, SI 2010/2955, 9.14(5)(c)? We have presumed for the purpose of this Q&A that the respondent’s lack of engagement with the proceedings includes a failure to file a financial statement in Form E. When the court issues an application in Form A, it will also produce a second document, called Form C, which will include the date for the exchange of Form E, ie Forms E must be simultaneously exchanged and filed with the court not less than 35 days before the date of the first appointment in accordance with Family Procedure rules 2010 (FPR 2010), SI 2010/2955, 9.14(1). If the Form E is not produced on time, it may not be possible to produce a properly thought-out questionnaire prior to the first appointment. In accordance with FPR 2010, SI 2010/2955, 9.14(5)(c), the questions must be set out ‘by reference to the concise statement of issues’. The questions must therefore relate to the relevant issues in the case but

See the 28 Q&As about Penal notice

TAKE A FREE TRIAL

View the related News about Penal notice

The contents of this judgment shame Cardiff City Council—Local authority in contempt of court (JS v Cardiff City Council)

Local Government analysis: The Honourable Mrs Justice Steyn DBE found the defendant local authority in contempt of court for its failure to comply with the terms of a mandatory injunction. The defendant had been required to complete future placement planning and produce a care and support plan for the claimant. The breach of the court order came against a background of breached undertakings due to the defendant’s long-standing difficulties in organising a placement suitable for the claimant’s needs. The judgment provides a useful overview of the approach in contempt proceedings when the contemnor is a public body. It includes a discussion of the matters which are relevant when considering breach, those which only go to penalty, and the question of whether a ‘threshold test’ applies. The public admonishment of the defendant also serves as a stark reminder of the importance of compliance with court orders. Written by Owain Rhys James, barrister and Crash Wigley, pupil barrister, both of Civitas Law.

Novel ruling on the implications and consequences of non-compliance with CPR Part 85 in an interpleader case (Alenezy v Shergroup Ltd)

Dispute Resolution analysis: In this novel case, the court considered the consequences of enforcement agents seizing a vehicle which did not belong to the judgment debtor, but where the claimant-owner of the vehicle sought for and obtained an interim mandatory injunction for the return of the vehicle rather than resorting to a CPR Part 85 application. Shaun Lee, counsel, in the dispute resolution group at Bird & Bird ATMD LLP explains the implications of the decision.

Read the latest 62 News articles on Penal notice

TAKE A FREE TRIAL

View the latest Halsbury's Laws of England documents on Penal notice

326. Child arrangements orders.

Child arrangements orders replace both residence orders and contact orders, which are no longer available1.'Child arrangements order' means an order regulating arrangements relating to any of the following:(1) with whom a child2 is to live, spend time or otherwise have contact; and(2) when a child is to live, spend time or otherwise have contact with any person3.Where a child arrangements order has been made with respect to a child and the child has two parents4 who each have parental responsibility5 for him, the order, so far as it has the

1220. Adjustment of final judgment figure in respect of compensation recovery payments or interim payments.

1220. Adjustment of final judgment figure in respect of compensation recovery payments or interim payments. In a final judgment1 where some or all of the damages awarded fall under the relevant heads of damage set out in the Social Security (Recovery of Benefits) Act 19972 in respect of recoverable benefits3 received by the claimant4, and where the defendant5 had paid the recoverable benefits to the Secretary of State in accordance with the certificate of recoverable benefits6, there will be stated in the preamble to the judgment or order the amount awarded under each head of damage and

Penal notice is referenced 3 in Halsbury's Laws of England

TAKE A FREE TRIAL

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"It gives us a really broad coverage of the law, as well as the specialist areas we have to deal with: contracting, procurement, employment law, governance. I've found some fairly obscure case law on LexisLibrary, very quickly."

Walsall Council

Access all documents on Penal notice

GET ACCESS NOW

Top