Prest, Iqbal and the judgment summons procedure

Procedure and proof in judgment summons and committal proceedings

The starting point for this article is the judgment summons application and Iqbal v Iqbal [2017] EWCA Civ 19 (judgment of Sir Ernest Ryder Senior President of Tribunals of 25 January 2017). However it is appropriate to start with the findings of McFarlane LJ in Prest v Prest [2015] EWCA Civ 714 [2016] 1 FLR 773) where he said (cited with approval by Sir Ernest at para [28]):

'The provisions  that are relevant to this [husband’s appeal against committal] were recently  considered by this court in Prest v Prest [(above)] per McFarlane LJ at [55] and [62]:

"[55]…at the end of the day this is a process which may result in the respondent serving a term of imprisonment and the court must be clear as to the following requirements namely that:

a) The fact that the respondent has had since the date of the order or judgment the means to pay the sum due must be proved to the criminal standard of proof;

b) The fact that the respondent...

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