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06 July 2012
Issue: 7521 / Categories: Case law , Judicial line , In Court
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The family way

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 of an order, so that it can be enforced as

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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