High Court Rules 2016

7.48 Enforcement of interlocutory order

(1)

If a party (the party in default) fails to comply with an interlocutory order or any requirement imposed by or under subpart 1 of Part 7 (case management), a Judge may, subject to any express provision of these rules, make any order that the Judge thinks just.

(2)

The Judge may, for example, order—

(a)

that any pleading of the party in default be struck out in whole or in part:

(b)

that judgment be sealed:

(c)

that the proceeding be stayed in whole or in part:

(d)

that the party in default be fined, ordered to do community work, or committed to prison under section 16 of the Contempt of Court Act 2019:

(e)

if any property in dispute is in the possession or control of the party in default, that the property be sequestered:

(f)

that any fund in dispute be paid into court:

(g)

the appointment of a receiver of any property or of any fund in dispute.

(3)

An interlocutory order may only be enforced by the following (in accordance with subpart 4 of Part 2 of the Contempt of Court Act 2019):

(a)

an order imposing a fine or community work:

(b)

a warrant committing the person to prison:

(c)

a sequestration order.

Compare: 1908 No 89 Schedule 2 r 258

Rule 7.48(1): replaced, on 4 February 2013, by rule 11 of the High Court Amendment Rules (No 2) 2012 (SR 2012/409).

Rule 7.48(2)(d): amended, on 26 August 2020, by rule 4(1) of the High Court (Contempt of Court) Amendment Rules 2020 (LI 2020/124).

Rule 7.48(3): replaced, on 26 August 2020, by rule 4(2) of the High Court (Contempt of Court) Amendment Rules 2020 (LI 2020/124).