This Practice Note considers when contempt proceedings under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 can be brought where contempt is committed in the face of the court in family proceedings. Contempt of court can take many different forms and there is a common procedure for all of them. Applications and proceedings in relation to contempt of court in family proceedings are governed by FPR 2010, SI 2010/2955, Pt 37 and the supporting practice direction FPR 2010, PD 37A. FPR 2010, SI 2010/2955, Pt 37 applies to family proceedings where the order sought to be enforced by committal was made under the provisions of the FPR 2010. It does not apply to other civil proceedings, which are governed by the Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132, Pt 81. Contempt in the face of the court Contempt in the face of the court is generally taken to encompass words or actions said or done in court or, (depending on the circumstances), within the court building, which interfere

This Practice Note considers the hearing of contempt proceedings under Part 37 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (also referred to as ‘committal proceedings’), including the standard of proof applied in a contempt application and information on hearings and evidence. It also sets out the powers available to the court in relation to contempt in family proceedings. It also considers what happens if the defendant is absent at the hearing, the defendant’s right to silence, and the defendant’s entitlement to legal aid, legal representation and/or an interpreter. For guidance on the preliminary steps to take in relation to an application for contempt under FPR 2010, SI 2010/2955, including the formalities that must be complied with before issuing an application for contempt in family proceedings, including, (where relevant) the need for a penal notice on the order that it is alleged has been breached and the need for personal service on the defendant of the order, and when permission is required to bring proceedings for contempt, see Practice Note: Family contempt

This Practice Note considers when contempt proceedings can be brought where an interference with the administration of justice is alleged in family proceedings. It sets out when a party needs to obtain permission from the court to bring such an application. Applications and proceedings in relation to contempt of court in family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 and the supporting practice direction FPR 2010, PD 37A. FPR 2010, SI 2010/2955, Pt 37 applies to family proceedings to which the provisions of the FPR 2010 apply. It does not apply to contempt proceedings within other civil proceedings, which are governed by the Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132, Pt 81. Committal for interference with the due administration of justice There are a variety of ways in which an individual could be found to be in contempt for interfering with the due administration of justice including inter alia: • recording remote court proceedings without the court’s permission • taking photographs in court and publishing

This Practice Note considers when proceedings for a contempt application may be brought under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 against someone for the making of a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. It sets out the process to be adopted in bringing such proceedings including when permission is required to make the application, and the test for permission. Applications and proceedings in relation to contempt of court in family proceedings are governed by FPR 2010, SI 2010/2955, Pt 37 and the supporting practice direction FPR 2010, PD 37A. FPR 2010, SI 2010/2955, Pt 37 applies to family proceedings where the order sought to be enforced by committal was made under the provisions of the FPR 2010. It does not apply to other civil proceedings, which are governed by the Civil Procedure Rules 1998 (CPR 1998) SI 1998/3132, Pt 81. FPR 2010, SI 2010/2955, Pt 37 in force from 1 October 2020 was drafted to be

This Practice Note summarises the procedure for bringing contempt proceedings under Part 37 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (also referred to as committal proceedings). It sets out the formalities that must be complied with and details what must be included in a contempt application and the requirements regarding service. For guidance on the preliminary steps to take in relation to an application for contempt under FPR 2010, SI 2010/2955 Pt 37, including the formalities that must be complied with before issuing an application for contempt see Practice Note: Family contempt proceedings—preliminary steps and for guidance on the hearing of contempt proceedings including the standard of proof applied in a contempt application and the powers available to the court, see Practice Note: Family contempt proceedings—hearing of the application. Applications and proceedings in relation to contempt of court in family proceedings are governed by FPR 2010, SI 2010/2955, Pt 37 and the supporting practice direction FPR 2010, PD 37A FPR 2010, SI 2010/2955, Pt 37 applies to family proceedings

This Practice Note considers when proceedings for contempt of court under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 (also referred to as committal proceedings) may be brought for non-compliance with a court order or undertaking. It also considers which orders may not be enforced by an application for contempt and the need for a penal notice to be endorsed on the order in question. Non-compliance with court orders or undertakings Breaching a court order is a common reason for a contempt application to be initiated in family proceedings. Disobedience of a directive order that is capable of enforcement by committal, or an undertaking to like effect, is a civil contempt of court and a person who is found to be in contempt of court may be fined or imprisoned. An injunctive order or an undertaking that has been accepted by the court operates until it is revoked and has to be obeyed whether or not it should have been granted or accepted in the first place. Whereas prior

This Practice Note considers the preliminary steps that should be considered and taken in relation to an application for contempt in family proceedings under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 (also referred to as ‘committal proceedings’). It considers the formalities that must be complied with before issuing an application for contempt, including (where relevant) the need for a penal notice on the order that is alleged to have been breached and the need for personal service of the order on the defendant. It also considers the different types of contempt. It sets out a pre-application checklist. For guidance on the next steps in an application for contempt including the requirements for an application notice and service of the application, see Practice Note: Family contempt proceedings—making and serving the application, and for guidance on the hearing of contempt proceedings including the standard of proof applied in a contempt application and the powers available to the court, see Practice Note: Family contempt proceedings—hearing of the application. Contempt of court can take various different

Family court refers to the courts that deal with family law matters such as divorce, parental responsibility, child arrangements, financial remedies, domestic abuse orders and public law child protection.In England and Wales, the Family Court is a specific unified court created by the Crime and Courts Act 2013, exercising family jurisdiction previously held by magistrates’ courts and county courts, alongside the Family Division of the High Court. It hears applications under, for example, the Children Act 1989, Matrimonial Causes Act 1973 and Family Law Act 1996.In Scotland, “family court” is a descriptive term; family cases are heard in the Sheriff Court (including specialised family actions) and the Court of Session, particularly under the Children (Scotland) Act 1995 and Family Law (Scotland) Act 2006.In Northern Ireland, family proceedings are heard in the Family Proceedings Court (magistrates’ level), county courts and the High Court.In Ireland, family law matters are dealt with in the District Court, Circuit Court and High Court, with dedicated family law lists rather than a single “Family Court”, although legislation to establish a Family Court system has been enacted but is not yet fully commenced.

Family analysis: The murder of ten-year-old Sara Sharif by her father and step-mother continues to dominate the UK news. Following her death, journalists (Louise Tickle and Hannah Summers) and major news organisations sought disclosure of documents and information from the historical Children Act 1989 (ChA 1989) proceedings concerning Sara and her siblings, including the relevant judges’ names. Despite the judges involved in those proceedings having made no application in respect of their own anonymity, Mr Justice Williams nonetheless included in his disclosure order a provision that their names were not to be published. The appeals against Williams J’s decision were successful on each of the three grounds advanced. He had lacked jurisdiction to order the judges’ anonymisation and there had been serious procedural irregularities owing to the lack of submissions and evidence on the anonymisation issue. The Court of Appeal also disapproved of the judge’s use of anecdotal material and his own experiences to try to shore up his judgment. Williams J was further criticised for his unfair treatment of the journalists and Channel 4. Publication of the judges’ names has now taken place in accordance with the Court of Appeal’s decision to ensure a short interval of seven days occurred during which time HM Courts and Tribunals Service (HMCTS) was required to put in place any protective measures. David Wilkinson, solicitor at Slater Heelis, examines the issues.

“family entertainment centre” means premises (other than an adult gaming centre) wholly or mainly used for making gaming machines available for use, and “licensed family entertainment centre” means premises in respect of which a family entertainment centre premises licence has effect.

Property Disputes analysis: This case came before the Court of Appeal on 4 November 2024 after a long running history which involved two brothers, Iftikhar Malik and Vaqar Malik. The dispute between the brothers related to the ownership of a valuable two-bedroom property at 7 South Lodge, 245 Knightsbridge, London. It was concluded in the lower courts that the flat was purchased solely by Iftikhar as the legal and beneficial owner and there was no appeal against that finding. The Court of Appeal was asked to determine whether Vaqar could establish an interest in the flat under the doctrine of adverse possession. Iftikhar successfully defended the claim for adverse possession by way of estoppel by conduct based on Vaqar’s assertions made at a hearing in 2012 which Iftikhar claimed estopped Vaqar from bringing a claim for adverse possession at a later date. The case helps to show that legal practitioners must be careful to ensure that no misleading representations are made in proceedings which could later give rise to an estoppel argument if the other party has relied upon those representations to their detriment. Written by Sejal Johar, senior associate and Roxanne Watson, associate at Browne Jacobson LLP.

The family home is an important asset for any individual. Key issues attach to it: • how should it be owned? • what is the tax treatment? • what estate planning options are available and what are their tax consequences? Co-ownership The family home is often the most valuable asset owned by a married or cohabiting couple. In general terms, spouses/civil partners and cohabitees should consider co-ownership, unless there are specific reasons (personal or tax related) for owning the property in one or other party’s sole name. Co-ownership is always a joint tenancy in law, ie the legal title at the HM Land Registry is always held as joint tenants. But the underlying equitable ownership can be either a joint tenancy or a tenancy in common. Joint tenancy Four 'unities' must exist to constitute a valid joint tenancy: unity of title, unity of time (ie the joint tenancy must start and end on the same date for both/all joint tenants), unity of possession (ie the joint tenants