The Family Court (Composition and Distribution of Business) Rules 2014

Rule 17

SCHEDULE 2 E+W Remedies

Table 1

Remedies which may not be granted by lay justices in the family court
1.  Charging order.
2.  Order (known as a “ freezing injunction”) restraining a party from: (a) removing from the jurisdiction assets located there; (b) dealing with any assets whether located in the jurisdiction or not.
3.  Interim injunction.
4.  Interim declaration.
5.  Order under section 34 Senior Courts Act 1981 M1 or section 53 County Courts Act 1984 M2 , as applied to the family court under section 31E Matrimonial and Family Proceedings Act 1984 M3 , for disclosure of documents or inspection of property against a non-party.
6.  Order for a specified fund to be paid into court where there is a dispute over a party's right to the fund.
7.  Order permitting a party seeking to recover personal property to pay money into court pending the outcome of the proceedings and directing that, if money is paid into court, the property must be given to that party.
8.  Order directing a party to provide information about the location of relevant property or assets or to provide information about relevant property or assets, which are or may be the subject of an application for a freezing injunction.
9.  Order directing a party to prepare and file accounts relating to the dispute.
10.  Order directing an account to be taken or enquiry to be made by the court.
11.  Third party debt order.
12.  Order for— (a) detention, custody or preservation of relevant property; (b) inspection of relevant property; (c) taking of a sample of relevant property; (d) carrying out an experiment on or with relevant property; (e) sale of relevant property which is of a perishable nature or which for any other good reason it is desirable to sell quickly; (f) the payment of income from relevant property until an application is decided.
13.  Order authorising a person to enter any land or building in the possession of a party for the purposes of carrying out an order referred to in paragraph 12.
14.  Warrant of delivery.
15.  Warrant of control.
16.  Warrant for the possession of land.
17.  Order to deliver up goods under section 4 of the Torts (Interference with Goods) Act 1977 M4 .

Marginal Citations

M1 Section 34 was amended by paragraph 56 of Schedule 10 to the Crime and Courts Act 2013 and by S.I. 1998/2940.

M2 Section 53 was amended by paragraph 44 of Schedule 18 to the Courts and Legal Services Act 1990, paragraph 2 of Schedule 2 to the Civil Procedure Act 1997 and paragraph 10 of Schedule 9 to the Crime and Courts Act 2013 and S.I. 1998/2940.

M3 Section 31E was inserted by paragraph 1 of Schedule 10 to the Crime and Courts Act 2013.

M4 Section 4 was amended by Schedule 5 to the Senior Courts Act 1981, paragraph 64 of Schedule 2 to the County Courts Act 1984, paragraph 1 of Schedule 11 to the Constitutional Reform Act 2005, paragraph 133 of Schedule 9 and paragraph 37 of Schedule 10 to the Crime and Courts Act 2013 and S.I. 1980/397.

Table 2

Remedies which may not be granted by lay justices or judges of district judge level in the family court
1.  Civil restraint order (limited).

Table 3

Remedies which may not be granted by lay justices, judges of district judge level or judges of circuit judge level in the family court
1.  Civil restraint order (extended or general), except that such orders may be granted by a Designated Family Judge or a deputy Designated Family Judge.
2.  Search order requiring a party to admit another party to premises for the purposes of preserving evidence etc (section 7 Civil Procedure Act 1997 M5 ).
3.  Claims in respect of a judicial act under the Human Rights Act 1998 M6 .
4.  Action in respect of the interference with the due administration of justice.
5.  Warrants of sequestration to enforce a judgment, order or undertaking in the family court.
[F1 6.   Order under Article 13 of the Protection Measures Regulation refusing to recognise or enforce an incoming protection measure.]

Textual Amendments

F1 Sch. 2 Table 3 para. 6 inserted (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, 6

Marginal Citations

M5 Section 7 was amended by paragraph 154 of Schedule 27 to the Civil Partnership Act 2004.

M6 1998 c.42.