287. Penalty for breach of a Judgment, Order or Undertaking to do or abstain from doing an act

Past version: effective from 30/05/2016 - 29/05/2016
To view other versions open the versions tab on the right

(1) If a person required by a judgment or order to do an act does not do it within the time fixed by the judgment or order, or disobeys a judgment or order not to do an act, the judgment or order may be enforced by an order for a penalty.
(2) If the time fixed by the judgment or order for doing an act has been varied by a subsequent order or agreement of the parties, then references in paragraph (1) to the time fixed are references to the time fixed by that subsequent order or agreement.
(3) If the person referred to in paragraph (1) is a company or other corporation or a partnership, the penalty order may be made —
(a) in the case of a company or other corporation, against any director or other officer of that company or corporation; and
(b) in the case of a partnership, against any partner with a managerial position.
(4) So far as applicable, and with the necessary modifications, this Rule applies to undertakings given by a party as it applies to judgments and orders.
(5) Unless the Court dispenses with service or a rule, relevant practice direction or other ADGM enactment provides otherwise, a judgment or order may not be enforced unless a copy of it has been served on the person required to do the act or not do the act in question and, in the case of a judgment or order requiring a person to do an act, in accordance with and within the time provided by, the judgment or order.