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.
Today it is no longer appropriate to regard an order for committal as being no more than a form of execution available to another party against an alleged contemnor. 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. 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). This Jurisdiction extends so far that, if a solicitor gives an undertaking In his capacity as a solicitor, the Court may order him straightaway to perform his undertaking.
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Administration of Justice Act 1960
... ... committal or attachment, at the instance of the applicant; and ... the appeal shall ... ...
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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under Debtors Act 1869 (c. 62).: The jurisdiction given by section 5 of ... 13–26, 27(1)(2), 28(2)–(5), 29(1)–(4), repealed by Attachment of Earnings Act 1971 (c. 32, SIF 45), s. 29(2), Sch. 6 ... Enforcement by ... ...
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Powers of Criminal Courts Act 1973
... ... magistrates’ court on summary conviction or the Crown Court on committal for sentence or on conviction on indictment shall not pass a sentence of ... ) “sentence of imprisonment” does not include a committal or attachment for contempt of court F82or any kindred offence; and(c) ... ...
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County Court Rules 1981
... ... 26. Warrants of execution, delivery and possession ... 27. Attachment of earnings ... 28. Judgment summonses ... 29. Committal for breach ... ...
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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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The Criminal Justice Act, 1961
... ... on a person under 21; detention in a detention centre or committal for borstal sentence will be the methods available to the court. In ... not include a committal for default or a committal or attachment for contempt of court and "default" is defined by s. 39 (I) as ... ...
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The Fine
... ... Otherwise it is a further court appearance, attachment possibly, money payment 195 ... supervision order MPSO possibly, ded committal, committal, the sorry progression so familiar in the courts. NEW IDEAS ... ...
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The County Court— a Role for Social Workers?
... ... They are over-confident that the committal will never be enforced against them, and although they have ... (and this will presumably become the stage at which an attachment on earnings is to be made) would warrant an unrealistic team of ... ...
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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 ... ...