The Other Side Is Ignoring a Court Order
If someone refuses to comply with a court order, you can apply to enforce it. Persistent or deliberate breach can be treated as contempt of court, potentially resulting in a fine or imprisonment.
Quick Answer
Ignoring a court order is contempt of court. You can apply under CPR Part 81 for a committal order, which can result in a fine or up to two years' imprisonment. For money judgments there are also practical enforcement tools โ warrant of control, attachment of earnings, and charging orders โ that may be quicker than contempt proceedings.
Full Explanation
A court order is legally binding on the person to whom it is directed. Deliberate non-compliance is a contempt of court under the inherent jurisdiction of the Senior Courts and under the County Courts Act 1984. The primary enforcement route depends on what the order requires: payment of money, or doing (or refraining from doing) something.
For orders requiring a specific act โ such as delivering up property, ceasing a particular activity, or complying with an injunction โ the appropriate route is a committal application under CPR Part 81. You must first ensure the order you are trying to enforce contains (or is endorsed with) a penal notice, warning the respondent that failure to comply may result in imprisonment. Without a penal notice the committal application is likely to fail.
Before issuing the application you must personally serve the respondent with a copy of the order (unless the court already dispensed with personal service). You should also send a written demand giving a short but reasonable time to comply. If compliance is still refused, file a Form N600 (application for committal) supported by a detailed witness statement setting out each act of non-compliance.
For money judgments, contempt proceedings are rarely the most efficient route. Instead, consider a warrant of control (N323), attachment of earnings (N337), third-party debt order (N349), or charging order (N379) โ see also the scenario on winning but the defendant refusing to pay.
The court hearing is treated as quasi-criminal. The applicant must prove non-compliance to the criminal standard โ beyond reasonable doubt. The respondent has the right to legal representation and, if they cannot afford it, may be entitled to legal aid. Penalties range from a fine or suspended committal (where the respondent must comply within a set period or go to prison) to immediate committal.
Legal Basis
- ยงCPR Part 81 (Contempt of Court)
- ยงSenior Courts Act 1981, s.45 (High Court contempt jurisdiction)
- ยงCounty Courts Act 1984, s.38 (county court enforcement)
- ยงCPR Part 70 (general enforcement of judgments)
What To Do
Check the Order Has a Penal Notice
For non-money orders, check that the order bears a penal notice (a formal warning that breach may result in imprisonment or a fine). If it does not, apply to the court to have the notice added before proceeding with committal.
Personally Serve a Copy of the Order
Unless the court dispensed with personal service, arrange for a process server or suitable adult to personally serve the non-complying party with the order. Keep a signed certificate of service.
Send a Written Demand for Compliance
Write to the non-complying party setting out exactly which obligations they are in breach of, demanding they comply by a fixed short deadline (e.g. 7 days), and warning that you will apply for committal if they do not.
File a Committal Application (CPR Part 81)
Complete Form N600 and a detailed supporting witness statement. The statement must specify each act of non-compliance clearly and chronologically. File at the court that made the original order and pay the application fee.
Consider Alternative Enforcement for Money Orders
If the order is for payment of money, a warrant of control, attachment of earnings order, or charging order may be faster and cheaper than contempt proceedings. See the scenario on enforcing a judgment for full details.
Important Deadlines
Important Warnings
Committal proceedings are serious quasi-criminal proceedings โ errors in procedure (particularly personal service and the penal notice) can cause the application to be dismissed.
The standard of proof is the criminal standard (beyond reasonable doubt); you must have clear evidence of deliberate non-compliance, not just a dispute about what the order means.
Costs awarded in contempt proceedings can be significant; seek legal advice before issuing if the breach is ambiguous or the respondent has a credible excuse.
Frequently asked questions
- What can I do if someone ignores a court order?
- If the other side ignores a court order, you can apply to enforce it. Deliberate non-compliance is treated as contempt of court. For orders requiring specific actions, you can apply for a committal order under CPR Part 81, which may result in a fine or imprisonment. For money judgments, practical tools like warrants of control or charging orders are often quicker than contempt proceedings.
- Does the court order need a special warning before I can take action?
- For non-money orders, the court order must contain a penal notice warning that failure to comply may result in imprisonment. Without this notice, a committal application is likely to fail. If the order lacks a penal notice, you should apply to the court to have it added before proceeding with committal proceedings.
- What steps must I take before applying for committal?
- Before filing a committal application, you must personally serve the respondent with a copy of the order, unless the court dispensed with personal service. You should also send a written demand giving a short, reasonable time to comply. If they still refuse, you can file Form N600 with a detailed witness statement describing each act of non-compliance.
- Is committal the best way to enforce a money judgment?
- For money judgments, contempt proceedings are rarely the most efficient route. Instead, you should consider using a warrant of control, attachment of earnings, third-party debt order, or charging order. These enforcement tools are generally quicker and cheaper than pursuing contempt proceedings for non-payment.
- What standard of proof is required in committal proceedings?
- Committal hearings are treated as quasi-criminal proceedings. The applicant must prove non-compliance to the criminal standard, which is beyond reasonable doubt. The respondent has the right to legal representation and may be entitled to legal aid if they cannot afford it. Penalties can include fines, suspended committal, or immediate imprisonment.
- How quickly do I need to act if someone breaches an order?
- There is no fixed deadline, but you should act promptly once you become aware of non-compliance. Delay can be used to argue waiver. It is advisable not to wait more than a few weeks before issuing your application to avoid potential issues with the court regarding the timeliness of your enforcement action.