A writ ne exeat regno could be granted when it would have the effect of preserving assets within the jurisdiction. Citations: [1986] QB 235 Statutes: Debtors Act 1869 Jurisdiction: England and Wales Cited by: Distinguished – Ali v Naseem ChD 22-Jul-2003 The claimant sought a writ ne exeat regno against the defendant debtor. Held: The … Continue reading Al Nahkel for Contracting and Trading Ltd v Lowe: 1986
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009
The defendant appealed a suspended committal order in respect of his failure to pay maintenance. The husband had unilaterally reduced payments at the same time as withdrawing his application to vary the order. Held: The defendant simply piled assertion upon assertion and without any evidence. The judge’s decision was precisely correct. Judges: Jacob LJ, Wall … Continue reading Ellis v Ellis: CA 24 Jun 2005
H appealed against an order made under the 1869 Act as respects arrears under a maintenance order. McFarlane, Gloster LJJ, Blake J [2015] EWCA Civ 714 Bailii Debtors Act 1869 5, Administration of Justice Act l960 13 England and Wales Citing: See Also – Prest v Prest and Others CA 16-Feb-2012 . . See Also … Continue reading Prest v Prest: CA 7 Jul 2015
A stay of execution of an order against matrimonial assets was not defeated by bankruptcy. As to the interplay of the Insolvency Rules and matrimonial proceedings. Balcombe LJ said: ‘I cannot leave this case without saying something about the effect of r 12.3 of the Insolvency Rules 1986. Before those rules came into force orders … Continue reading Woodley v Woodley (2): CA 12 Apr 1993
A judgment summons, issued was issued by the wife to enforce a lump sum order made against her husband in their divorce proceedings. The judge had performed his statutory duty which included having to satisfy himself under s. 25 of the 1973 Act of the income, earning capacity, property and other financial resources of the … Continue reading Mubarak v Mubarak: CA 2001
After an order had been made for periodical payments to the wife, the former husband entered into a new relationship, but began to get in financial difficulties, and arrears. Over the course of time, he did not make effective disclosure of his finances. He failed to apply to vary the order, and the wife issued … Continue reading Corbett v Corbett: CA 28 Feb 2003
The claimant sought a writ ne exeat regno against the defendant debtor. Held: The power given to the tipstaff to arrest a debtor is an elderly remedy, and should only be exercised when the requirements were strictly met, and those requirements should not be relaxed. It should only be used where it was proportionate and … Continue reading Ali v Naseem: ChD 22 Jul 2003
A court refuse a writ ne exeat regno where he purpose was not directly to pursue the main court action, but rather to support an injunction. Instead the court ordered the defendant to surrender his passport which left him at large within the UK, but unable to leave it. Citations: [1988] QB 787 Statutes: Debtors … Continue reading Allied Arab Bank Ltd v Hajjar: 1988
A consent order had been made in proceedings between two brothers which provided that the respondent should instruct the solicitors acting for him on the sale of his property that the proceeds of sale were to be remitted to a nominated bank account. The respondent did not comply with the order and the applicant applied … Continue reading Prosser v Prosser: ChD 2011
W petitioned for judicial separation from her husband on the ground of cruelty. An order was made that the respondent should pay the petitioner’s solicitor pounds 41 odd to cover costs already incurred and should pay into court pounds 40 as security for future costs alternatively give a bond. The respondent did none of these … Continue reading Bates v Bates (No 2): CA 21 Dec 1888
Mr Cotton brought proceedings against Mr Heyl and a company which were compromised on the terms of a Tomlin order which contained an undertaking by Mr Heyl to pay Mr Cotton pounds 1,000 forthwith and pounds 4,000 out of the first monies received by or on behalf of Mr Heyl from the sale or licensing … Continue reading Cotton v Heyl: ChD 1939
An order was made in interpleader proceedings that the sheriff should sell the goods seized and pay the claimant, the execution creditor undertaking to make good any deficiency on sale. There was a deficiency, and the master ordered that the execution creditor should pay the amount to the claimant. Default being made in payment, an … Continue reading Buckley v Crawford: QBD 1 Dec 1892
The parties to a partnership dispute respectively undertook to pay all sums of money received by them into a particular account pending trial. One of the parties allegedly failed to honour his undertaking, and the other party sought his committal, or else that he be at liberty to issue a writ of attachment against the … Continue reading Carter v Roberts: ChD 1903
Breach of Undertaking went Beyond Debt The tenant had obtained a stay of execution of a warrant for possession, by undertaking to discharge the arrears. He failed to pay, and the Court now considered whether such a failure was a contempt with a possible imprisonment for punishment. The tenant appealed from such an order saying … Continue reading Hussain v Vaswani and Others: CA 18 Sep 2020