- Contempt of court under substituted Part 37 (Emoni v Atabo)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Family analysis: This is the first reported case to consider the substituted Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 rules for contempt applications in the family courts. The exacting procedural requirements in contempt of court applications have historically presented difficulties for practitioners and judges alike. The new rules aim to simplify and clarify the process. The judgment reviews the key rules in Part 37 and sets out the issues the court (and therefore practitioners) should have at the forefront of their mind when considering contempt applications. The case will be a helpful reference for both family and civil practitioners considering applications under the new Part 37 and the substituted Civil Procedure Rules 1998, Pt 81 (on which the substituted Part 37 was based). The court decided the father had complied with the requisite procedural requirements under the new rules and that he had proved beyond reasonable doubt that the mother was in breach of three court orders. Richard Wheeler, barrister, at 3PB Barristers summarises the issues.
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