CH v RN & Ors [2009] EWHC 640 (Fam) (03 April 2009)

CH v RN & Ors [2009] EWHC 640 (Fam) (03 April 2009)

Assuming RSC Order 46 rule 8 applies to writs of sequestration, the writ in this case was wholly executed within 12 months by either the return of the child or the seizure of assets, so renewal was not required for the purpose of execution.

Citation
[2009] EWHC 640 (Fam)
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 Law Children Act Proceedings, Contempt, Sequestration / Post Judgment, Application for Directions Regarding Writ of Sequestration and Realisation of Assets
Outcome
Application granted; directions may be made and the writ of sequestration is valid without renewal.
Legal Topics
Writ of Sequestration, Renewal of Writs of Execution, Contempt Enforcement, Children Act Orders
Family Law Civil Procedure Contempt of Court Writ of Sequestration Renewal of Writs of Execution Contempt Enforcement Children Act Orders

Case Brief

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Parties

CH

Plaintiff

RN

1st Defendant

BN

2nd Defendant

KB

3rd Defendant

SD

Sequestrator

MC

Sequestrator

AN

Sequestrator

SN

Sequestrator

Procedural Posture

Family Law Children Act Proceedings, Contempt, Sequestration / Post Judgment, Application for Directions Regarding Writ of Sequestration and Realisation of Assets

Legal Issues

  1. 1 Does RSC Order 46 rule 8 (duration and renewal of writs of execution) apply to writs of sequestration?
  2. 2 Was the writ of sequestration in this case 'wholly executed' within 12 months, such that renewal was unnecessary?

Ratio Decidendi

Assuming RSC Order 46 rule 8 applies to writs of sequestration, the writ in this case was wholly executed within 12 months by either the return of the child or the seizure of assets, so renewal was not required for the purpose of execution.

Court Disposition

Application granted; directions may be made and the writ of sequestration is valid without renewal.

Orders

  • Directions for realisation of assets under sequestration to meet costs and expenses.
  • No renewal of the writ of sequestration is required.