There was no power to enforce an order made under the Act, when making an occupation order, which included orders for the payment of rent, and other outgoings. Such orders did not come within the exceptions under the Debtors Act, nor under the Administration of Justice Act to allow for enforcement by committal, and the section itself could not be read so strongly as to imply a repeal of the earlier Acts.
Modern standards of parliamentary draftsmanship are high, and the presumption against implied repeal is strong.
Judges:
Walker LJ
Citations:
Times 11-Jul-2000, Gazette 07-Sep-2000, [2000] 2 FLR 744
Statutes:
Family Law Act 1996 40, Administration of Justice Act 1970, Debtors Act 1869
Jurisdiction:
England and Wales
Cited by:
Cited – BH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
Lists of cited by and citing cases may be incomplete.
Family, Constitutional
Updated: 11 May 2022; Ref: scu.84397
