Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Summons definition

What does Summons mean? A summons is a court notice requiring a person to attend at a specified time and place; in criminal cases it states the alleged offence(s) and warns of consequences for non-attendance. In England and Wales, a magistrates' court (justice of the peace) may issue a criminal summons under s.1 Magistrates' Courts Act 1980. Charging is now commonly by written charge and requisition or a single justice procedure notice. 'Witness summons' remains for compelling evidence (CPR 34; CrimPR 17). Civil use of summons is largely replaced by the claim form, but persists in some statutes (e.g. council tax). In Scotland, a 'summons' is...

Judgment summons under the Debtors Act 1869 to enforce family financial orders: scope, procedure, criminal standard, human rights and committal powers (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Judgment summons

This Practice Note explains the criteria and process for deploying a judgment summons to enforce an order arising from family proceedings, with specific reference to human rights issues. Where a debtor is able to satisfy the liability yet refuses or fails to do so, the court may contemplate making a committal order. A judgment summons is issued under the Debtors Act 1869 (DA 1869), and it requires the debtor to attend before the court. Provided the debtor has, or has previously had, the means to pay and nevertheless refuses or neglects to make payment, the court may direct imprisonment for a period not exceeding six weeks. The mandated procedural steps must be observed strictly and in full. In Prest v Prest, the Court of appeal determined that the standard of proof is the criminal standard, and that the debtor cannot be compelled to give evidence (see also Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 33.14(4)). The objective of an order for committal pursuant to a judgment summons is to procure payment of the sum due, and to secure satisfaction of the amount outstanding owed...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 21/05/2026

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