I do not understand how FPR rule 33.3(2)(b) will work...
I do not understand how FPR rule 33.3(2)(b) will work (court to make such order for enforcement as it considers appropriate). Surely the benefit of the surprise of an ex parte order will be lost?
If the creditor wishes to “surprise” the debtor and prevent him from frustrating enforcement before the court makes any enforcement order, they can apply without notice in the usual way for say an interim charging or third party debt order. If an application is made under rule 33.3(2)(b) then the combination of the FPR and CPR rule 71.2 means that the court will list what used to be called an oral examination at their local court and the debtor will be directed to take to court the documents that are specified. The creditor may well wish to provide a draft list for the court’s consideration. The process has its advantages and its disadvantages. It may be more welcomed by creditors acting in person.
