Rule 71.8 Failure to comply with orderC1C2F1
If a person against whom an order has been made under rule 71.2—
fails to attend court;
refuses at the hearing to take the oath or to answer any question; or
otherwise fails to comply with the order,
the court will refer the matter to a High Court judge or F2Circuit Judge.
That judge may, provided the judgment creditor has complied with rules 71.4 and 71.5, hold the person in contempt of court and make an order punishing them by a fine, imprisonment, confiscation of assets or other punishment under the law.
If such an order is made, the judge will direct that—
the order shall be suspended, provided that the person—
attends court at a time and place specified in the order; and
complies with all the terms of that order and the original order; and
if the person fails to comply with any term on which the order is suspended, they shall be brought before a judge to consider whether the order should be discharged.
Annotations
Textual amendments
- F1
Pt. 71 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 2 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
- F2
Words in rule 71.8(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 31(b) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)
- F3
Rule 71.8(2)(3) substituted for rule 71.8(2)-(4) (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 17(3) (with rule 2)
Modifications
- C1
Pt. 71 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
- C2
Pt. 71 applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.23 (with rules 2.1, 33.1(1))
Notes on Part 71
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)
- C4
Pt. 71 applied (with modifications) (22.4.2014) by SI 2010/2955 rule 33.23 (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), art. 1, rule 41 (with art. 45))
- C5
Pt. 71 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(b), 24.6(1)