header-logo header-logo

One fee only

14 August 2015
Issue: 7665 / Categories: Case law , Judicial line , In Court
printer mail-detail

I am confused by the FPR 33.3 procedure for applying for such means of enforcement as the court may consider appropriate where there has been default under an order. The D50K application form states: “If you are applying for a specific method of enforcement you should complete the appropriate application form and pay the relevant fee for that application.” Some hearing centres interpret that as meaning that the court should not make an enforcement order following a D50K without a further application and fee. However, the Red Book suggests the contrary. What is the correct position?

The majority view of the team is that on an application under FPR 33.3(2) (b) the court may make such order for enforcement as it considers appropriate (other than committal on judgment summons) and that a separate application is not required unless a specific form of order is then being sought without a consideration under r 33.2(2)(b). That is what the notes to the D50K are seeking to explain although they have led to some court centres requiring

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll