The Family Proceedings (Amendment) (No. 5) Rules 2005

Amendments to the 1991 Rules

94.  In rule 7.4—

(a) for paragraph (2) substitute—

“(2) An application for the issue of a judgment summons may be made—

(a) in the case of an order of the High Court—

(i) where the order was made in a matrimonial cause, to the principal registry, a district registry or a divorce county court, whichever in the opinion of the judgment creditor is most convenient,

(ii) where the order was made in a civil partnership cause, to the principal registry, a district registry or a civil partnership proceedings county court, whichever in the opinion of the judgment creditor is most convenient, and

(iii) in any other case, to the principal registry, a district registry or a designated county court, whichever in the opinion of the judgment creditor is most convenient,

(b) in the case of an order of a divorce county court, to whichever divorce county court is in the opinion of the judgment creditor most convenient, and

(c) in the case of an order of a civil partnership proceedings county court, to whichever civil partnership proceedings county court is in the opinion of the judgment creditor most convenient,

having regard (in any case) to the place where the debtor resides or carries on business and irrespective of the court or registry in which the order was made.”;

(b) in paragraph (3), for “divorce county court” substitute “designated county court”;

(c) in paragraph (6), for “divorce county court” substitute “designated county court”;

(d) in paragraph (9)(b), after “maintenance pending suit” insert “or outcome of proceedings,”; and

(e) in paragraph (12)(b), for “divorce county court” substitute “designated county court”.