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Contempt of court

Committal application - Non-payment of maintenance order - Standard of proof - Debtors Act 1869, s 5 - FPR 2010, r 33.14 Prest v Prest (No 2) [2015] EWCA Civ 714; [2015] WLR (D) 295

21 July 2015

CA: McFarlane, Gloster LJJ, Blake J

• 7 July 2015

The Court of Appeal clarified the requirements necessary for a court to consider when hearing an application for a judgment summons under section 5 of the Debtors Act 1869 and r 33.14 of the FPR 2010.

The Court of Appeal so stated when dismissing the appeal of the husband from an order of Moylan J of 29 July 2014 [2014] EWHC 3430 (Fam) by which he granted a judgment summons brought by the wife under section 5 of the Debtors Act 1869, determining that the husband was wilfully in default of a maintenance order in the sum of £360,200 and imposed a penalty of four weeks' imprisonment which was suspended provided that the husband paid the total amount found to be in default within a period of three months.

MCFARLANE LJ said that ...

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