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The family way

06 July 2012
Issue: 7521 / Categories: Case law , Judicial line , In Court
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A Family Procedure Rules 2010 PD 33A warning and acknowledgment as to the consequences of breach of an undertaking...

A Family Procedure Rules 2010 PD 33A warning and acknowledgment as to the consequences of breach of an undertaking against which an order for financial remedies has been made packs a punch which an order does not. Bearing that in mind, is there any objection in relation to a commitment to pay money for that commitment to be the subject of both an order to pay and an undertaking (with a PD 33A undertaking/acknowledgement) that the order will be complied with?

Anything that can be ordered should be ordered and may be enforced by committal through the judgment summons procedure and no warning is needed for this method of enforcement to bite (although there may be a case for the sanction of committal to be spelt out by an endorsement to the order). An undertaking is generally for something that cannot be ordered and a PD 33A warning is required to raise it to the status

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