I am confused by the FPR 33.3 procedure for applying for such means of enforcement as the court may consider appropriate where there has been default under an order. The D50K application form states: “If you are applying for a specific method of enforcement you should complete the appropriate application form and pay the relevant fee for that application.” Some hearing centres interpret that as meaning that the court should not make an enforcement order following a D50K without a further application and fee. However, the Red Book suggests the contrary. What is the correct position?
The majority view of the team is that on an application under FPR 33.3(2) (b) the court may make such order for enforcement as it considers appropriate (other than committal on judgment summons) and that a separate application is not required unless a specific form of order is then being sought without a consideration under r 33.2(2)(b). That is what the notes to the D50K are seeking to explain although they have led to some court centres requiring
