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Mostyn J announces new forms for the use of the court in contempt proceedings and amendments to the standard orders

Date:6 DEC 2021
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On 2 December 2021, Mostyn J announced that four further forms for the use of the court in contempt proceedings have been issued and take effect immediately. These are in addition to Form FC600 for making a contempt application, which was added on 30 July 2021. These new forms support Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 which came into force on 1 October 2020 (which is identical to CPR 81). Together, these provide a uniform process for contempt cases. The new forms are identical to those supporting CPR 81 and have been approved by the Family Procedure Rule Committee.
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The four new forms for the use of the court in contempt proceedings are: 

• FC601 (Summons to appear at court for directions to be given)

• FC602 (Warrant to secure attendance at court)

• FC603 (Order upon determination of proceedings)

• FC604 (Warrant of Committal) 

Four of the current standard orders are covered by these new forms:

• Standard order 5.1—Order for immediate committal—by Form FC603

• Standard order 5.2—Suspended order for committal—by Form FC603

• Standard order 5.6—Warrant to Tipstaff and Governor on committal—by Form FC604

• Standard order 5.7—Bench warrant for arrest—by Form FC602 

The new forms for the use of the court have revoked the following standard orders:

• Standard order 5.1—Order for immediate committal

• Standard order 5.2—Suspended order for committal

• Standard order 5.6—Warrant to Tipstaff and Governor on committal

The following standard orders remain in force:

• Standard order 5.3—Order for committal under the Debtors Act 1869—only to be used in proceedings under the Debtors Act 1869 (DA 1869), as at present

• Standard order 5.4—Suspended order for committal under the Debtors Act 1869—only to be used in proceedings under DA 1869, as at present

• Standard order 5.5—Order activating suspended order for committal—to be used whenever a suspended committal order is activated, whether in proceedings under DA 1869 or in committal proceedings under FPR 2010, SI 2010/2955, Pt 37, as at present

• Standard order 5.7—Bench warrant for arrest should not be used in committal proceedings but should continue to be used in other proceedings where it is necessary to secure the attendance of a party or a witness by a bench warrant

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