Family Flyer Issue 55

Since the decision of Mubarak [2001] 1 FLR 698, the inadequacies of the Judgment Summons route to enforcement of a ‘money’ order has been well known to the Profession. The Judgment Summons process at that time made no reference to the criminal standard of proof, required individuals to incriminate themselves, placed the burden of proof on the person facing committal and confused the separate approaches required when undertaking a means enquiry and committal proceedings.

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