Orders to obtain information from judgment debtors

Produced in partnership with David Salter
Practice notes

Orders to obtain information from judgment debtors

Produced in partnership with David Salter

Practice notes

This Practice Note details the requirements for an application for an order to obtain information from a judgment debtor, formerly known as an 'oral examination', including the criteria for such an order, procedure, hearing provisions and action that can be taken if the debtor fails to comply. Such an order is an aid to enforcement rather than an enforcement method.

A problem for practitioners considering enforcement action can be a lack of information about the extent of a respondent's (debtor's) assets or income. One option is to apply for an order that the debtor be 'orally examined' about their income, assets and liabilities. The old terminology of ‘oral examination’ was replaced by applications for orders to obtain information from judgment debtors ('information hearings'), since the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 33.23 imported the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 71 into family proceedings (with modifications).

Note that an information hearing is only an aid to enforcement, as opposed to a method of enforcement. It may result in costs savings by leading

David Salter
David Salter

Solicitor (non-practising)


David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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Jurisdiction(s):
United Kingdom
Key definition:
Debt definition
What does Debt mean?

The debt is the amount payable to fund a scheme shortfall when an employer stops participating in the scheme.

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