header-logo header-logo

14 August 2015
Issue: 7665 / Categories: Case law , Judicial line , In Court
printer mail-detail

One fee only

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

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

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
back-to-top-scroll