Rule 70.2A Court may order act to be done at expense of disobedient partyF1F2
In this rule “disobedient party” means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract.
Subject to paragraph (4), if a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, the court may direct that the act required to be done may, so far as practicable, be done by another person, being—
the party by whom the order or judgment was obtained; or
some other person appointed by the court.
Where paragraph (2) applies—
the costs to another person of doing the act will be borne by the disobedient party;
upon the act being done the expenses incurred may be ascertained in such manner as the court directs; and
execution may issue against the disobedient party for the amount so ascertained and for costs.
Paragraph (2) is without prejudice to—
the court’s powers under section 39 of the Senior Courts Act 1981; and
the court’s powers to punish the disobedient party for contempt.
Annotations
Textual amendments
- F1
Pt. 70 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 1 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
- F2
Rule 70.2A inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 30(c) (with rule 41)
Notes on Part 70
Textual amendments
- F2
Words in Pt. 70 Table of Contents inserted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 12(1)
- F3
Words in Pt. 70 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 30(a) (with rule 41)
- F4
Words in Pt. 70 Table of Contents substituted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 12(a)
- F5
Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
- F6
Words in Pt. 70 Table of Contents inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 16(1)
Modifications
- C1
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
- C2
Pt. 70 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
- C3
Pt. 70 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.2 (with rules 2.1, 33.1(1))
- C4
Pt. 70 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(a), 24.6(1)