CH v RN & Ors

The writ of sequestration was wholly executed within twelve months of its issue, either when the child was returned to the Plaintiff's care or when the Sequestrators took possession of the First Defendant’s assets; therefore, renewal under RSC Order 46 rule 8 was not required.

Parties: Plaintiff: CH; 1st Defendant: RN; 2nd Defendant: BN; 3rd Defendant: KB; Sequestrator: SD; Sequestrator: MC; Sequestrator: AN; Sequestrator: SN
Jurisdiction: England and Wales
Judgment Date: 03 April 2009
Procedural Posture: Family / Judgment on Validity of Writ of Sequestration
Outcome: Writ of sequestration did not require renewal; directions for administration of sequestered assets may proceed.
Legal Topics: Sequestration, Contempt of Court, Execution of Judgments, Children Act Proceedings

Family Law Civil Procedure Sequestration Contempt of Court Execution of Judgments Children Act Proceedings

Case Brief

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Parties

Plaintiff

1st Defendant

2nd Defendant

3rd Defendant

Sequestrator

Procedural Posture

Family / Judgment on Validity of Writ of Sequestration

Legal Issues

1 Whether RSC Order 46 rule 8 applies to writs of sequestration
2 Whether the writ of sequestration issued on 19th May 2006 requires renewal

Ratio Decidendi

Court Disposition

Writ of sequestration did not require renewal; directions for administration of sequestered assets may proceed.

Orders

Sequestrators may proceed with directions for administration of sequestered assets.
No renewal of writ required for execution purposes.