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If you do not comply with the injunction either by failing to do things you are required to do by a certain time, or doing things you are prohibited from doing, you will be in breach and this is a contempt of Court. The Court takes a very dim view of parties failing to comply with its orders, and it has teeth and will use them. If you are in breach the claimant is likely to make an application for your committal to prison for contempt, and the Court has the ability to make such an order, with a maximum prison sentence of 24 months. The Court has demonstrated an appetite to make committal orders up to the maximum sentence in serious cases.
The claimant could also seek an order for your cross examination on your asset disclosure, an order that you hand over your passport to the claimant’s solicitors and/or an order debarring you from defending the proceedings if you are in breach of your obligations under the Order.
For help and advice please contact Phil Alden on 03333 231 586 or email us.
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