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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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PD 81 (contempt of court) says to get a hearing date from

Resolved Question:

PD 81 (contempt of court) says to get a hearing date from the court - do I do this by phone before submitting the application notice?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Did the Order made by the Judge when he DID attend include a Penal Notice?

Has it been personally served on him?

Customer: replied 1 year ago.
The N39 order carries a warning that if he does not obey the order he may be sent to Prison. He attend the questionning but did not provide (all) the information required, in particular, his address. We then wrote tot he judge and the Judge issued a further order, ordering him to provide information, inlcuding his address. This order did not have a penal notice.
Expert:  Clare replied 1 year ago.

Then you need to write to the Court and ask the Judge to add a Penal Notice to the Order as otherwise it cannot be enforced with the threat of prison.

You will also need to use an Enquiry Agent to serve him with t he Order once you have received it.

Then you fill in the form applying to enforce it and send it to the court who will endorse the date of the hearing and return it to you for service

Customer: replied 1 year ago.
You say 'write to the judge' - or does it need a formal application notice requesting to vary the order to inlcude a penal notice. What is an Enquiry Agent? And how will they serve it on him personally if they don't have an address for him. Separately, should i apply for dispensation with personal service?
Customer: replied 1 year ago.
Hi Clare, I am just completing Form 244 - what is the difference between 'Witness Statement' and 'Statement of Case' - i.e. broadly what should be the content of each?
Expert:  Clare replied 1 year ago.

To have a Penal Notice endorsed a simple letter usually works - no formal application is needed.

An Enquiry Agent is a Private Detective - you will need to instruct him to trace this person and serve him

You cannot dispense with Personal Service if you wish to commit for contempt of court

A Statement of Case is the legal basis on which you are making the application - the Witness Statement is your account of events

Customer: replied 1 year ago.
Thanks for that Clare. I understand that under Practice Direction 81.8 (2) (a) the court can dispense with personal service? As the guy has not provided his address in breach of a court order, this is precisely why we are asking for the court order to be reissued with a penal notice. My approach is write or apply ( not yet decided as one of your colleagues has advised an application notice is required) 1. for the order to be varied to include penal notice and 2. separately but concurrently seek permission to dispense with personal service. Do you think that would work?
Expert:  Clare replied 1 year ago.

I am afraid that that only applies

"In the case of a judgment or order requiring a person not to do an act"

which does not apply in your case

A letter will usually suffice for the addition of a Penal Notice in such cases

Customer: replied 1 year ago.
Thank you Clare.
Expert:  Clare replied 1 year ago.

You are most welcome

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