header-logo header-logo

06 July 2012
Issue: 7521 / Categories: Case law , Judicial line , In Court
printer mail-detail

The family way

A Family Procedure Rules 2010 PD 33A warning and acknowledgment as to the consequences of breach of an undertaking...

A Family Procedure Rules 2010 PD 33A warning and acknowledgment as to the consequences of breach of an undertaking against which an order for financial remedies has been made packs a punch which an order does not. Bearing that in mind, is there any objection in relation to a commitment to pay money for that commitment to be the subject of both an order to pay and an undertaking (with a PD 33A undertaking/acknowledgement) that the order will be complied with?

Anything that can be ordered should be ordered and may be enforced by committal through the judgment summons procedure and no warning is needed for this method of enforcement to bite (although there may be a case for the sanction of committal to be spelt out by an endorsement to the order). An undertaking is generally for something that cannot be ordered and a PD 33A warning is required to raise it to the status

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
back-to-top-scroll