A PARTY CANNOT SIMPLY ADD A PENAL NOTICE TO A COURT ORDER: IF THE COURT DOESN’T ORDER IT THEN IT SHOULD NOT BE IN THE ORDER

November 22, 2022 · by gexall · in Amendment, Applications, Civil Procedure, Members Content

In Taray Brokering Ltd, Re [2022] EWHC 2958 (Ch) HH Pearce held it was not open to a party to place a penal notice on a court order when the court itself had not placed such a notice on the original order. There are earlier cases, and some texts, that suggest the opposite. These are no longer goo...

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2 Responses

Kenny Kentish · November 22, 2022 at 14:55:25 · →

A veryinteresting decision. When I entered the Bar 25 years ago it was common in the Eastern Caribbean for lawyers to insert the penal notice on the order when they were about to enforce an order. There was academic and judicial authority for it. About 10 years ago this changed dramatically with the arrival of a new civil judge. This is the dynamism of the Common Law
Steven Gee KC · February 14, 2023 at 20:44:41 · →

Please note contrary view to be published in (2023) 42 C.J.Q. Issue 2