Filling in a N244 with a committal to prison order.

[radmores]

Hello to you all.

I require some help advice if possible, it would be very appreciated.
Basically my brother embezzled over £60k whilst in having LPOA.

I have all evidence needed and have a solicitor and we have been to civil court 4 times now and he has failed to turn up or act on any order.

Anyway the last order had a penal notice attached and the solicitor advised that we should apply now for a committal to prison order and to apply for all my costs being awarded to me.

The problem i have is that my solicitor bill is currently high and they are unwilling to carry on with this final order unless i make a payment to them of over £700 now, this is not possible as i have no savings.

It seems a strange place for them to stop as we are on the final hearing stage.

I am attempting to fill in form N244, however am having trouble with what order i am asking the court to make and why? question 3 on the form.

Any help would be very much appreciated.

Thanks in advance
Mr SR

[CLL1]

Re: Filling in a N244 with a committal to prison order.

A lot of advice on this depends on what the penal notice relates to, but generally, the following applies:

Your first stop will be the civil procedure rules. These can help you in ensuring anything you draft to put before the court is compliant. For committal orders, you need to look at CPR 81.

A committal application for breach of a judgment, order or undertaking is made by filing an application notice under CPR 23 in the proceedings in which the judgment or order was made or the undertaking was given.

The application notice must:

• Set out in full the grounds on which the committal application is made.
• Identify (separately and numerically) each alleged act of contempt, including the date of each alleged act (if known).
• Be supported by one or more affidavits setting out all evidence relied on.

Court form number 85 (http://s3-eu-west-1.amazonaws.com/hm.../no085-eng.doc) is the standard form of order of committal upon a finding of contempt of court. It sets out details of the prison sentence and whether or not execution is suspended, any fine or order that a writ of sequestration may be issued.

The application notice and supporting evidence must be served personally on the respondent, unless the court has either:

• Dispensed with the requirement for personal service if it considers it just to do so.
• Made an order for service by an alternative method or at an alternative place.

[nemesis45]

Re: Filling in a N244 with a committal to prison order.

Good morning,

Are looking for a committal for " Contempt " i.e. the non compliance with previous court orders?

nem