Penal notice

Anglo-Eastern Trust Ltd and another v Kermanshahchi (Ch D TLR 8 November)

A court order cannot be enforced by committal unless a penal notice was attached to the copy served on the alleged contemnor. RSC Order 45 rule 7(4) provides that the penal notice must be displayed on the front of the copy of the order. Where the penal notice was not brought to the attention of the judge at the time the court order was sealed, but was simply attached to a copy of the order upon service, would this suffice? The words in rule 7(4) seem to suggest that the penal notice was not a part of the order itself, but might be added to a copy of the order served under the rule. It was for the person who had created a copy of the order for service to attach the penal notice to it. Accordingly, the alleged contemnor’s application to delete the penal notice was dismissed.