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Judgments Enforcement (Northern Ireland) Order 1981

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Commencement Orders yet to be applied to the Judgments Enforcement (Northern Ireland) Order 1981

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

Sequestration and committal for contemptN.I.

Sequestration order against individual in contemptN.I.

111.  (1)  Where an individual is in contempt for failing to comply with any judgment—

(a)requiring him to pay money into court, or

(b)requiring him to do an act (other than the payment of money) within a limited time,

the High Court or, where the judgment was given by a county court or a court of summary jurisdiction, a county court may make an order of sequestration ( “a sequestration order”) against him.

(2) A sequestration order may appoint one or more than one sequestrator nominated by the party seeking to enforce the judgment and shall empower any person so appointed to—

(a)enter upon any lands being the property of the party against whom the judgment has been given;

(b)receive, sequestrate and take the rents and profits of any such lands;

(c)take any other personal property of the party referred to in sub-paragraph ( a) and keep such property under sequestration in his hands until that party has complied with the judgment.

(3) Where money is to be paid under any judgment in respect of which a sequestration order has been made, the sequestrator may with the leave of the court which made the order apply towards the satisfaction of the judgment any rents and profits or other personal property taken or kept by virtue of the order.

Failure of individual to comply with sequestration orderN.I.

112.  Any person served with a copy of a sequestration order who fails to pay any rents or profits, or deliver any personal property, to a sequestrator in accordance with the order may on the application of the sequestrator be ordered to pay to him—

(a)the amount then due on foot of the judgment in respect of which the sequestration order was made, together with the costs of the application and the order made thereon; or

(b)the value of such rents, profits or property;

whichever is the less.

Sequestration order against company in contemptN.I.

113.  Where a company is in contempt for failing to comply with the judgment of a court or with any order of the Office made for the purpose of enforcing such a judgment, the High Court or, where the judgment was given by a county court or a court of summary jurisdiction, a county court may make a sequestration order against the company, and Articles 111(2) and 112 shall apply to the company as if it were an individual against whom a sequestration order had been made.

Referral to High Court of certain contempts of OfficeN.I.

114.  (1)  This Article applies where—

(a)a person attending pursuant to a summons under Article 27(1) or 28(1) or (2) or an attendance order made under Article 27(2)(A) or 28(3), or brought before the Office on a warrant of arrest issued in pursuance of an order made under Article 27(2)(B) or on such a warrant issued under Article 28(4), refuses without just cause—

(i)to be sworn, or

(ii)to answer, or to answer satisfactorily, any question as to the means of the debtor, or the assets and liabilities of a debtor company or firm, properly put to him, or

(iii)to produce any book, document or thing relevant to his examination; or

(b)a person appearing before the Master or a Judicial Officer acting in discharge of functions under this Order behaves contumeliously towards him.

(2) The Master or a Judicial Officer—

(a)on the motion of the creditor, where the offence is one under paragraph (1)( a); or

(b)on his own motion, in any case,

may certify the offence and, in the case of a Judicial Officer, report it to the Master.

(3) The Master, on certifying or receiving a report of the offence in accordance with paragraph (2), may refer it to the High Court, which may, if satisfied that the offence certified has been committed, deal with the offence in any manner in which the Court could deal with it if committed in relation to the Court.

Committal for contempt in certain proceedings in courtN.I.

115.  (1)  Any person who when ordered by the High Court or a county court—

(a)to pay a penalty or a sum in the nature of a penalty (other than a penalty in respect of a contract);

(b)being a trustee or person acting in a fiduciary capacity, to pay any sum of money in his possession or under his control;

(c)being a solicitor, to pay costs for misconduct as such, or to pay a sum of money payable in his capacity as an officer of the court;

makes default in such payment, shall be deemed to be in contempt of the court which made the order.

(2) Where a person is deemed to be in contempt of court under paragraph (1) the court may commit that person to prison until the expiration of such period or periods as the court may direct (but not exceeding, in the aggregate, one year) or until that person complies with the order, whichever first occurs.

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