Direction from the principal registry of the Family Division (16 March 2001)

Issued with the approval and concurrence of the Lord Chancellor by Elizabeth Butler-Sloss, President.Committal Applications As from the date of this direction, the Civil Procedure Practice Direction supplemental to Rules of the Supreme Court (RSC), order 52 (schedule 1 to the Civil Procedure Rules 1998 (CPR)) and County Court Rules (CCR), order 29 (schedule 2 to the CPR), (CPR direction) shall apply to all applications in family proceedings for an order of committal in the same manner and to the same extent as it applies to proceedings governed by the CPR but subject to:(a) the provisions of the Family Proceedings Rules 1991 (SI 1991 No.

1247) (FPR) and the rules applied by those rules namely, the RSC and the CCR in force immediately before the 26 April 1999; and,(b) the appropriate modifications consequent upon the limited application of the CPR to family proceedings.In particular, the following modifications apply:(a) Where the alleged contempt is in connection with existing proceedings (other than contempt in the face of the court) or with an order made or an undertaking given in existing proceedings, the committal application shall be made in those proceedings.(b) As required by FPR rule 7.2, committal applications in the High Court are to be made by summons.

In county court proceedings applications are to be made in the manner prescribed by CCR order 29.

References in the CPR direction to 'claim form' and 'application notice' are to be read accordingly.(c) In instances where the CPR direction requires more information to be provided than is required to be provided under the RSC and the CCR, the court will expect the former to be observed;(d) Having regard to the periods specified in RSC order 52 rule 3, order 32 rule 3(2)(a) and CCR order 13 rule 1(2), the time specified in paragraph 4.2 of the CPR direction shall not apply.

Nevertheless, the court will ensure that adequate time is afforded to the respondent for the preparation of his defence.(e) Paragraph 9 of the CPR direction is to be read with paragraph (3) of each Direction issued on 17 December 1997, entitled 'Children Act 1989 - Exclusion requirement' and 'Family Law Act 1996 - part IV'.Proceedings in which a committal order may be madeIn any family proceedings (not falling within above), in which a committal order may be made, including proceedings for the enforcement of an existing order by way of judgment summons or other process, full effect will be given to the Human Rights Act 1998 and to the rights afforded under that Act.

In particular, article 6 of the Convention (as set out in schedule 1 to the Human Rights Act 1998) is fully applicable to such proceedings.

Those involved must ensure that in the conduct of the proceedings there is due observance of the Human Rights Act 1998 in the same manner as if the proceedings fell within the CPR direction.As with all family proceedings, the CPR costs provisions apply to all committal proceedings.