Sequestration (confiscation of assets) within contempt proceedings
Produced in partnership with David Salter, deputy High Court judge and Recorder
Sequestration (confiscation of assets) within contempt proceedings

The following Family practice note Produced in partnership with David Salter, deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Sequestration (confiscation of assets) within contempt proceedings
  • Background
  • Case law examples
  • Procedure

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the respondent may be seized and retained until the order in question is complied with.

Regard should be had to the amendments made to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 with effect from 1 October 2020 that significantly changed the position as to sequestration both under FPR 2010 and the Civil Procedure Rules 1998 (CPR), SI 1998/3132, see: Background and News Analysis: Changes to contempt of court in family proceedings. This Practice Note is concerned only with the confiscation of assets (embracing the term sequestration) in proceedings for contempt under the substituted FPR 2010, SI 2010/2955, Pt 37 in effect from 1 October 2020.

Background

Previously, sequestration was referred to separately in FPR 2010, SI 2010/2955, Pt 37 and FPR 2010, PD 37A—both were substituted by the Family Procedure (Amendment No 2) Rules 2020, SI 2020/758 from 1 October 2020. The substituted Part 37 mirrors CPR Pt 81, which was also substituted with effect from 1 October 2020 by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747 following a consultation by the Civil Procedure Rule Committee which ran from 9 March 2020 to 11 May 2020—see Proposed rule changes relating to contempt of court: redraft of CPR

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