Enforcement: Burden of proof

Vardags | Family Law Journal | September 2016 #159
Naomi Rainey compares the different judicial approaches to the evidential burden on an application for a judgment summons ‘In the absence of a case to answer being demonstrated, the respondent is entitled to have the application for a judgment summons dismissed.’ The decision in Migliaccio v Migliaccio [2016] follows a stream of Court of Appeal …

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Enforcement: Seeking remedies

Charles Russell Speechlys LLP | Family Law Journal | March 2014 #134
Rachel Donald asks whether the enforcement provisions of r33 of the Family Procedure Rules 2010 can be undermined by a variation application ‘For an unpaid party, the costs associated with defending a variation application can altogether outweigh the value of the claim they seek to enforce.’ The introduction of the general enforcement application in family …

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