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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34474
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Dear Clare, I am just out of court and a bit depressed, as

Customer Question

Dear Clare, I am just out of court and a bit depressed, as the Judge postponed his judgement.
It all looked good when he confirmed that the previous orders for sale were properly authorized, however, he wanted to find the proof in the transcripts, that the judge that ordered possession following that order for sale, has considered where and how my ex and my son are going to live. There was no point me trying to explain that my son is 21, not living there full time and welcome to move in with me. So, if he grants this appeal against the Possession order, does this also overturn the existing sealed High Court writ of possession?
Today, Judge said that I did not need this court to enforce the sale order, however.
What steps to take now and in which court? Following your earlier advice on Tolata claim, I have completed N208 claim form. Is this correct? How to enforce a previous order for sale quickly?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiI am sorry that it was disappointing but it looks as though in fact all is going to be fine as he does not appear to have accepted either of the arguments that your ex's solicitor was putting forwardAs I said you do NOT need the High Court - if the Appeal is dismissed then you can simply instruct the Bailiff to go forwardHold off on the N208 (yes that is right) until you have the result.Clare
Customer: replied 1 year ago.
OK, but in which court do I lodge N208, then? If the appeal is granted, how can I make sure that my ex vacates the property for sale, as she has been obstructing sale for the last 3 years?
Customer: replied 1 year ago.
the judge, today, also noted hat the Feb 2015 order for sale includes both our undertakings to sell (risking prison for obstructions), said that that order stands strong and was not appealed against. I am thinking about enforcing that order for sale .
How do I go about it? Apply with N208 to the Chancery Division of the High Court or Central Family Court?
serve the other side? I would attach the court orders for sale, statement and Legal Charge copy.
Expert:  Clare replied 1 year ago.
Sorry- what is the wording of the 2015 Order for sale?
Customer: replied 1 year ago.
To .......and..........
You may be sent to prison for contempt of court if you break the promises that you have given to the Court.
We understand the undertakings that we have given and that if we break any of our promises to the court we may be sent to prison for contempt of court.
cont....
upon the Petitioner and Respondent undertakings to the Court and agreeing to use their best endeavours to sell the property......as soon as possible to do so for the best possible price.
IT IS ORDERED THAT:
1. The parties do on or before 4pm 4th March 2015 instruct ....estate agents
2 The parties do on or before 4pm 4th March 2015 instruct in writing ....solicitors to conduct the conv....etc
3.Upon completion of the sale the proceeds shall be divided between the parties....etc
Expert:  Clare replied 1 year ago.
OkAnd she has done none of those - but you have tried to do so?
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
Did you consider having her committed for Contempt of Court?
Customer: replied 1 year ago.
Yes, but unlikely to achieve a desired result. Sale i what I want to happen.
Expert:  Clare replied 1 year ago.
She would rather go to prison than put the property on the market?
Customer: replied 1 year ago.
Could apply for the commital summons? I am now thinking about submiting application notice D11 to ask for the sole conduct of sale following the order for sale I explained earlier. I could ask the same Judge to deal with this. Would this be a good way, prior to the appeal judgement?
Expert:  Clare replied 1 year ago.
Yes that is an excellent option - and frankly I would consider he committal option as well
Customer: replied 1 year ago.
How do I apply for commital, on the same D11 form?
Expert:  Clare replied 1 year ago.
I am afraid not - it is a more complex process than thatis there a penal notice attached to the Order - a warning that you can go to prison for ignoring it?
Customer: replied 1 year ago.
There is an undertaking to sell and notice that the person who breaks the promise may be sent to prison.
Expert:  Clare replied 1 year ago.
ExcellentYou can read more about the process herehttp://vardags.com/blog/blog/vardags-blog/committal-family-court-part-1-procedure/https://www.justice.gov.uk/downloads/fjr/pd37a.pdfhttp://www.marilynstowe.co.uk/wp-content/uploads/2011/04/FPR-Practice-Direction-5A.pdfSo a separate D11 - and a relatively full statement!