header-logo header-logo

Enforcement matters

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

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll