Attachment and Committal in UK Law
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Nicholls v Nicholls
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It is now necessary to refer to the critical case of M v P and Others and Butler v Butler [1993] Fam. 167. The two cases were heard together before the then Master of the Rolls, Lord Donaldson, Nolan and Scott LJJ so that this court could provide clarification as to the proper approach to the same problems which the court is again considering in this judgment.
The court itself has a very substantial interest in seeing that its orders are upheld. If committal orders are to be set aside on purely technical grounds which have nothing to do with the justice of the case, then this has the effect of undermining the system of justice and the credibility of the Court orders.
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Silver (Geoffrey) & Drake v Baines
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This Court has from time immemorial exercised a summary jurisdiction over solicitors. They are officers of the Court and are answerable to the Court for anything that goes wrong In the execution of their office. Even if the solicitor has been guilty of no fault personally, but it is the fault of his clerk, he is accountable for it, see ( Myers v. EIman 1940 A.C. 282).
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Administration of Justice Act 1970
... ... 11: Restriction on power of committal under Debtors Act 1869 (c 62) ... The jurisdiction given by ... 13–26, 27(1)(2), 28(2)–(5), 29(1)–(4), repealed by Attachment of Earnings Act 1971 (c. 32, SIF 45), s. 29(2), Sch. 6 ... ...
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Administration of Justice Act 1960
... ... instance of the defendant and, in the case of an application for committal or attachment, at the instance of the applicant; and the appeal shall lie ... ...
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Supreme Court of Judicature Act 1875
... ... so to do on behalf of any defendant shall be liable to an attachment. SCH-1.15 ... 15. A defendant may appear at any time before judgment. If ... doing anything, may be enforced by writ of attachment, or by committal. SCH-1.6 ... 6. In these Rules the term ‘writ of execution’ shall ... ...
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Criminal Justice Act 1991
... ... case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies ... Section 23(3) of the Attachment of Earnings Act 1971 ... ...
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CIVIL AND CRIMINAL CONTEMPTS OF COURT
... ... (1) The officer executing the process of arrest under attachment or upon committal may, atter due notice, break open an ... ...
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STATUTES
... ... by making maintenance orders enforceable through the attachment. of claims to “ earnings,” i.e., wages, salary and other ... by the clerk as collecting officer," and that in committal, and now in earnings attachment proceedings,'l in the ... ...
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EFFICIENCY AND MAGISTRATES' COURTS EXPENDITURE
... ... Other coercive enforcement methods - immediate committal to prison, attachment of earnings, distraint of goods and fine ... ...
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Index
... ... 12 Committal breach of court order, for 14 case law 14 contempt of court, for see ... 73–74 payment, methods of arrears, enforcement 76–78 attachment of earnings order 78 charging order 78 committal powers 77 court’s ... ...
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When Financial Remedy Proceedings Come To An End, Is It Really The End?
... ... but also an application for committal for breach of an undertaking ... and an application under the Thwaite ... has various enforcement powers such as attachment of earnings order ... (where payments are taken directly from the payer's ... ...
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(Re)Insurance Weekly Update 09-14
... ... be liable to equitable execution, even if not legal process of attachment ... Looking at the matter more broadly, and construing the Freezing Order ... , the remedy is for the claimant to establish contempt and seek committal; the "half-way house" of a declaration of a breach is not available ... ...