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Evidence, Practice and Procedure: 'Control', disclosure and enforcement of orders

Date:18 JAN 2013

David Burrows - Practice of Family Law: Evidence and Procedure

David BurrowsThe life of the Queen's Bench and Chancery Division judge is more straightforward under Civil Procedure Rules 1998 ('CPR 1998') than that of the family judge under Family Procedure Rules 2010 ('FPR 2010') when it comes to some aspects of enforcement of orders. Under both sets of rules CPR 1998 r 71.2 (applies in family proceedings: FPR 2010 r 33.23) enables the court to order a debtor to provide information as to his means and any other matters about which information is needed. CPR 1998 r 71.2(6) provides that a person required by court order so to do shall attend court and '(b) when he does so [shall] produce at court documents in his control which are described in the order...'.

In Thursfield v Thursfield [2012] EWHC 3742 (Ch) a claimant wife ('W') was seeking enforcement of an order against her former husband ('H');...

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