See also Practice Direction
71
Part
71
ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS
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Scope of this Part
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71.1 |
This Part contains rules which provide for a judgment
debtor to be required to attend court to provide information, for the purpose
of enabling a judgment creditor to enforce a judgment or order against
him.
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Order to attend court
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71.2 |
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A judgment creditor may apply for an order requiring
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if a judgment debtor is a company or other
corporation, an officer of that body,
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to attend court to provide information about
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any other matter about which information is
needed to enforce a judgment or order.
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An application under paragraph (1) –
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may be made without notice; and
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must be issued in the court which made the
judgment or order which it is sought to enforce, except that
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if the proceedings have since been
transferred to a different court, it must be issued in that court.
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The application notice must –
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contain the information
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required by the relevant practice direction.
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An application under paragraph (1) may be dealt with by
a court officer without a hearing.
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If the application notice complies with paragraph (3),
an order to attend court will be issued in the terms of paragraph (6).
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A person served with an order issued under this rule
must –
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attend court at the time and place specified in
the order;
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when he does so, produce at court documents in
his control which are described in the order; and
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answer on oath such questions as the court may
require.
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An order under this rule will contain a notice in the
following terms –
“You must obey this order. If you do not,
you may be sent to prison for contempt of court.”
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Service of order
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71.3 |
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An order to attend court must, unless the court
otherwise orders, be served personally on the person ordered to attend court
not less than 14 days before the hearing.
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If the order is to be served by the judgment creditor,
he must inform the court not less than 7 days before the date of the hearing if
he has been unable to serve it.
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Travelling expenses
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71.4 |
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A person ordered to attend court may, within 7 days of
being served with the order, ask the judgment creditor to pay him a sum
reasonably sufficient to cover his travelling expenses to and from
court.
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Judgment creditor's affidavit
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71.5 |
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The judgment creditor must file an
affidavit(GL) or affidavits –
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by the person who served the order (unless it was
served by the court) giving details of how and when it was served;
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stating either that –
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the person ordered to attend court has not
requested payment of his travelling expenses; or
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stating how much of the judgment debt remains
unpaid.
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The judgment creditor must either –
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file the affidavit(GL) or
affidavits not less than 2 days before the hearing; or
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produce it or them at the hearing.
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Conduct of the hearing
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71.6 |
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The person ordered to attend court will be questioned
on oath.
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The questioning will be carried out by a court officer
unless the court has ordered that the hearing shall be before a judge.
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The judgment creditor or his representative
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may attend and ask questions where the
questioning takes place before a court officer; and
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must attend and conduct the questioning if the
hearing is before a judge.
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Adjournment of the hearing
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71.7 |
If the hearing is adjourned, the court will give
directions as to the manner in which notice of the new hearing is to be served
on the judgment debtor.
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Failure to comply with order
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71.8 |
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If a person against whom an order has been made under
rule 71.2 –
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fails to attend court;
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refuses at the hearing to take the oath or to
answer any question; or
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otherwise fails to comply with the order,
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the court will refer the matter to a High Court judge
or circuit judge.
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That judge may, subject to paragraphs (3) and (4), make
a committal order against the person.
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If a committal order is made, the judge will direct
that –
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the order shall be suspended provided that the
person –
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attends court at a time and place specified
in the order; and
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complies with all the terms of that order
and the original order; and
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if the person fails to comply with any term on
which the committal order is suspended, he shall be brought before a judge to
consider whether the committal order should be discharged.
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