header-logo header-logo

19 March 2009 / David Burrows
Issue: 7361 / Categories: Features , Family
printer mail-detail

Enforcement matters

Part 2: David Burrows reports on the spurious approach to committal application

* * * * * *

When it comes to enforcement of a liability order by committal in the magistrates' court the truly Kafkaesque nature of the Child Support Act 1991 (CSA 1991) legislation comes to the fore.

Until now few parents have been sent to prison. However, the Child Support Agency (CSA)/Child Maintenance and Enforcement Commission now want to demonstrate their virility: they have been told that £3bn may be owing and they are out to get as much as possible of it back— however tattered may be the evidence of debt, however doubtful of fair or safe enforcement may be their confused figures.

Once the liability order is made, committal will soon follow; and if the figure is objectively wrong or disputed, ie arguably wrong, what is the possible justice of a person being sent to prison?

I doubt there is any other jurisdiction in which a claimant can say, unchallenged, that he is owed £10,000 and get a court order

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
Four recent Employment Appeal Tribunal decisions have clarified important employment law principles on dismissal, bonuses, trade union activity and tribunal procedure
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
back-to-top-scroll