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plclegal
plclegal, Barrister
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Experience:  Barrister at law
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We need to apply to the court to start committal proceedings

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Hi there, We need to apply to the court to start committal proceedings against 2 aunties and one uncle. My questions are this: what forms do we fill in, I think its FP2 and do we do one FP2 for all three or 3 FP2's?
JA: Where are you? It matters because laws vary by location.
Customer: hi we're in luton
JA: What steps have you taken so far?
Customer: I have filled out an FP2 and written two affidavits, but we need them signed by a notary
JA: Anything else you want the Lawyer to know before I connect you?
Customer: nope
Customer: replied 4 days ago.
How do I put the penal notice on the face of the FP2? I know I have to because it states it in the practice directions.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

 

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm reviewing your question and will revert back to you shortly.

 

You have the correct form.

As long as the draft order stipulates all three people my view is that one form is sufficient.

If you attach the order/ undertakings that they are in breach of to the application (which presumably carries the penal notice) you have included it with the application.

For a notary - see here:

Hernak Singh Notary Public

No reviews · Notary public

Luton, United Kingdom

+44 1582 879090

I hope this assists?

Customer: replied 4 days ago.
I believe it does have the notice. The form that they filled out was the N117 form for general undertakings and at the bottom it states they can face a prison sentence. Is that what you were referring to? I've attached the Undertakings so you can see.

In practice directions CHAPTER 7 OF PART 37 – General rules about committal applications: it states that "he application notice must contain a prominent notice stating the possible consequences of the court making a committal order and of the respondent not attending the hearing. A form of notice which may be used is annexed to this Practice Direction."

Is the Application notice the same form? FP2 and by just sending the defendants a copy of the form it is issuing notice or is there another form? Possibly N244

If it is the FP2 then how do I get the Annexed notice onto that form?

Thak you for your help it definitely assists.

Thanks for your patience.

You don't need the N244 in addition, just the FP2. In part C of the form you can indicate the evidence that you are relying on - so list the two affidavits and the original undertakings - then import the text for the warning notice from the practice direction into the bottom of the box. Then the whole package should be sent to court.

I hope this clarifies things?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

plclegal, Barrister
Category: Law
Satisfied Customers: 4405
Experience: Barrister at law
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