Q&As

Where a suspended committal order is made on a judgment summons, can the committal order be executed (notwithstanding payment of the judgment debt being made) on the basis of a failure to pay sums accruing after the date of the judgment debt, provided that those sums were due under the ‘original order’ (per Family Procedure Rules 2010, SI 2020/2955, 33.16(2)(c)), and where payment of those sums is a term of the suspended committal order itself?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 11/02/2020

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a suspended committal order is made on a judgment summons, can the committal order be executed (notwithstanding payment of the judgment debt being made) on the basis of a failure to pay sums accruing after the date of the judgment debt, provided that those sums were due under the ‘original order’ (per Family Procedure Rules 2010, SI 2020/2955, 33.16(2)(c)), and where payment of those sums is a term of the suspended committal order itself?

Where a suspended committal order is made on a judgment summons, can the committal order be executed (notwithstanding payment of the judgment debt being made) on the basis of a failure to pay sums accruing after the date of the judgment debt, provided that those sums were due under the ‘original order’ (per Family Procedure Rules 2010, SI 2020/2955, 33.16(2)(c)), and where payment of those sums is a term of the suspended committal order itself?

The Family Courts are given broad powers as to the enforcement of orders made in family proceedings, which broadly adopt the enforcement provisions contained within the CPR. Committal proceedings are a draconian enforcement option whereby a person in default can be committed to prison. Where an order

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