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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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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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