CONTEMPT OF COURT (3): DOES THE ABSENCE OF A PENAL NOTICE PREVENT COMMITTAL PROCEEDINGS? ARE THERE TWO TIERS OF COURT ORDER? THE COURT OF APPEAL HAS STRONG VIEWS…
Does the absence of a penal notice on a court order mean that a party in default cannot be subject to committal proceedings? This was the question addressed by the Court of Appeal in this case. The possibility that litigants…
CONTEMPT OF COURT (2): THE CHIEF CONSTABLE IS THE PERSON WHO COPS IT
We are continuing with the examination of the recent Court of Appeal decision on contempt of court. In particular who is the entity in “contempt”? This may have far reaching consequences, as well as being specific to the actions of…
CONTEMPT OF COURT (1) CONTEMPT NEED NOT BE “CONTUMELIOUS” (WHATEVER THAT MEANS): WHY CHIEF CONSTABLES, CHIEF EXECUTIVES, MINISTERS OF STATE AND BOSSES EVERYWHERE NEED TO PAY CLOSE ATTENTION TO LITIGATION
I am breaking down this important Court of Appeal decision into a number of parts. We have already looked at the judgment as to the numerous “misleading” witness statements that were filed. The Court of Appeal also makes important observations…
CONTENTS OF WITNESS STATEMENTS AND DOCUMENTS IN EMPLOYMENT TRIBUNAL GIVE RISE TO A PRIMA FACIE CASE OF CONTEMPT OF COURT
In Commerzbank Ag v Ajao [2024] EWHC 3168 (KB) Ms Justice Eady gave permission to bring committal proceedings on the basis of evidence that had been used before the Employment Tribunal. The case is a reminder that making witness statements,…
COST BITES 171: DEFENDANT WHO RECEIVED LEGAL AID TO DEFEND CIVIL COMMITTAL PROCEEDINGS CAN ONLY RECOVER COSTS AT LEGAL AID RATES
The judgment of Costs Judge Whalan in MBR Acres Ltd & Ors v McGivern [2024] EWHC 1869 (SCCO) highlights an issue that has been on this blog before. A party who obtains legal aid to defendant civil committal proceedings cannot…
A SECOND APPEAL IN COMMITTAL PROCEEDINGS WAS AN ABUSE OF PROCESS, AND DISMISSED FOR THAT REASON
In Nambiar v Solitair Ltd [2022] EWCA Civ 1135 the Court of Appeal held that an appeal against a committal order should be struck out as an abuse of process. Prior to sentencing the appellant had issued an earlier, identical,…
AN APPLICATION FOR COMMITTAL THAT WAS “WHOLLY FRIVOLOUS” AND “BORDERS ON VEXATIOUS”: CLAIMANT NOW REQUIRES PERMISSION TO BRING SIMILAR COMMITTAL PROCEEDINGS…
For the second time today I am writing about an injunction case which failed because the claimant had failed to prove compliance with an order for service. However this particular case has more sinister overtones. The claimant attempted to bring…
LITIGATION FRIEND GAVE FALSE EVIDENCE AND WAS IN CONTEMPT OF COURT: “GOOD DAYS” DOES NOT EXPLAIN CLAIMANT’S LEADING THEATRICAL ROLES
In Hull University Teaching Hospitals NHS Trust v Colley [2022] EWHC 854 (QB) Mr Justice Bourne sentenced a litigation friend to six months in prison (suspended for two years) for giving false evidence in support of her daughter’s claim for…
SHOULD A RESPONDENT RECEIVE HIS COSTS FOR BEING SENT TO PRISON? JUDGE CONSIDERS ISSUES AFTER CONTEMPT OF COURT HEARING
In Kea Investments Ltd v Watson [2022] EWHC 5 (Ch) Lord Justice Nugee considered the question of what costs order should be made after a respondent had been committed to prison for contempt. The applicant had succeeded on some, but…
CLAIMANT NOT ALLOWED TO PURSUE POINTLESS COMMITTAL PROCEEDINGS: “THE DISPROPORTIONATE PURSUIT OF POINTLESS LITIGATION IS AN ABUSE”
In Pharmagona Ltd v Taheri & Anor [2021] EWHC 2537 (Ch) Mr Justice Snowden refused an application by a claimant to issue an application for committal. A breach, if established, would be of the most technical kind. Further the defendants…
EXAGGERATING AND INFLATING CLINICAL NEGLIGENCE CLAIM LED TO CLAIMANT BEING SENTENCED TO SIX MONTHS IMPRISONMENT: “THERE IS NO ROBIN HOOD DEFENCE HERE”
In Calderdale & Huddersfield NHS Foundation Trust v Metcalf [2021] EWHC 611 (QB) Mr Justice Griffiths sentenced a claimant to six months imprisonment following the exaggeration of a claim for damages. “She was, by her contempt of court, effectively stealing…
LEGAL AID AVAILABLE FOR RESPONDENT TO APPLICATION TO COMMIT UNDER THE DEBTORS ACT 1869
In Haskell v Haskell [2020] EWFC 92 Mr Justice Mostyn held than application under the Debtors Act 1869 is broadly equivalent to an application for committal and legal aid should be awarded. THE CASE The applicant made an application under…
CONTEMPT OF COURT, THE STATEMENT OF TRUTH AND THE CRIMINAL STANDARD OF PROOF: HIGH COURT DECISION FINDS CLAIMANTS IN CONTEMPT OF COURT
In Zurich Insurance Plc v Barnicoat & Anor [2020] EWHC 3127 (QB) David Lock (QC) sitting as a Judge of the High Court considered the difficulties a party seeking an order for contempt of court faces when they do not…
THE NEW COMMITTAL PROCEDURE: DOES NOT AFFECT THE COURT’S SENTENCING POWERS: DEFENDANT SENT TO PRISON
Oliver v Shaikh [2020] EWHC 2658 (QB) may be the first time the new rules as to committal proceedings have been mentioned in a judgment. However the purpose was to make it clear that the new rules do not make…
“LITIGANTS SHOULD BE TERRIFIED IF THEY LIE TO THE COURT”: THE IMPORTANCE OF THE STATEMENT OF TRUTH
There are many, many cases about committal proceedings in commercial cases. Some judges have observed that they appear to be used tactically. Most are confined to their own facts. However in North of England Coachworks Ltd v Khan [2020] EWHC…
NEW RULES ON COMMITTAL PROCEEDINGS: COMING INTO FORCE 1st OCTOBER 2020
This blog has written on many cases in which practice and procedure relating to committal hearings has been found wanting. A new CPR Part 81 comes into force on the 1st October 2020, as a result of the The Civil Procedure…
COVID REPEATS 46: IF YOU CAN’T BE BOTHERED TO CONDUCT YOUR CLIENT’S LITIGATION – THEN JUST MAKE IT ALL UP
Of all the many cases that have featured on this blog the judgment in Islamic Investments Company of the Gulf (Bahamas) Ltd -v- Symphony Gems NV & others [2014] EWHC 377 3777 (Comm) is the one that I found hardest to…
COMMITTAL PROCEEDINGS: LEGAL AID IS AVAILABLE WITHOUT ASSESSMENT OF MERITS OR MEANS: BUT WHERE DOES A RESPONDENT OBTAIN REPRESENTATION (LOOK HERE I HOPE)
The problems caused by civil committal proceedings have been a constant theme on this throughout the year (and for some time before). The problems may be reduced, to some extent, by the judgment of Mr Justice Chamberlain in The All…
CIVIL COMMITTAL PROCEEDINGS (YET AGAIN…): COMMITTAL ORDER SET ASIDE BECAUSE DEFENDANT WAS NOT LEGALLY REPRESENTED
Yet another example of the difficulties arising in civil committal proceedings arises in the Court of Appeal decision today in O (Committal: Legal Representation) [2019] EWCA Civ 1721. Legal representation, if requested, is essential if committal proceedings are to be valid….
COMMITTAL PROCEEDINGS – RE M – THE FULL JUDGMENT: IT IS IMPERATIVE THAT THE STRICT PROCEDURAL RULES ARE COMPLIED WITH
The case of Re M I wrote on earlier in the week is now available on BAILLI [2019] EWCA Civ 1559. The procedure adopted by the judge is subject to sustained criticism by the Court of Appeal. “the consequences of…
APPLICATION TO COMMIT REFUSED BECAUSE THE DEFENDANT WAS NOT IN BREACH OF THE ORDER: WORDS ARE IMPORTANT: THE NEED FOR REPRESENTATION IN COMMITTAL PROCEEDINGS
A constant, worrying, theme on this blog has been the need for (and funding of) representation of defendants in civil committal proceedings. These concerns run alongside the many and manifest procedural errors that applicants (and sometimes judges) make when committal…
SORRY SEEMS TO BE THE HARDEST WORD: PURGING CONTEMPT OF COURT
There is a section in the Court of Appeal judgment in James v James [2018] EWCA Civ 1982 that is of some importance. It relates to the question of whether a party should appeal an order for contempt or apply to…
OVERTURNING THE SUMMARY ASSESSMENT OF COSTS FOR A COMMITTAL: THE AMOUNTS INVOLVED WERE “DISPROPORTIONATE AND WRONG
The previous post looked at the Court of Appeal decision today in Solanki v Intercity Telecom Ltd [2018] EWCA Civ 101. A third element of that judgment was the defendant’s successful appeal against the costs of a committal application. The Court held…
MAKE UP A FRAUDULENT CASE, TELL LIES TO THE COURT – GO TO JAIL: THE FORGED WILL CASE HAS A SEQUEL
An earlier post looked at Patel -v- Patel [2017] EWHC 133 (Ch) in which the judge disbelieved all the witnesses who gave evidence that a will had been made in 2005. The trial judge observed. “My remaining concern with Nirja’s evidence is…
COMMITTAL APPLICATIONS, PENAL NOTICES AND GOING TO PRISON
There are two lessons in the judgment of Mr Justice Cranston in Bunge S.A -v- Huaya Maritime Corporation [2017] EWHC 90 (Comm): (i) if you are applying for committal you should include a penal notice in the application; (ii) if…
CIVIL COMMITTAL PROCEEDINGS: STILL A MATTER FOR GRAVE CONCERN
I have written several times about the problems in obtaining representation and funding for civil committal proceedings. The judgement of the Court of Appeal yesterday in Devon County Council -v- Kirk [2016] EWCA Civ 1221 exemplifies the difficulties and…
CONTEMPT PROCEEDINGS AND FUNDING: THE OUTCOME OF A LONG STRUGGLE
I have received an email informing me that, thanks to the help received from a post on this blog they – eventually – obtained legal aid and successfully defended committal proceedings. Although the thanks are addressed to me it is…
LEGAL AID IN CONTEMPT PROCEEDINGS: A HAPPIER ENDING
On the 8th March there was a short post on this blog discussing the judgment in Brown -v- London Borough of Haringey [2015] EWCA Civ 483 about the availability of legal aid in committal proceedings. This included the passage ” The…
IS A FALSE AFFIDAVIT WORSE THAN A FALSE WITNESS STATEMENT? THE HIGH COURT CONSIDERS THE POINT
In International Sports Tours -v- Shorey [2015] EWHC 2040 (QB) Mr Justice Green considered some interesting issues relating to committal for contempt, witness statements and affidavits. THE ACTION The claimant brought an action against a former employee and others claiming breach…
CIVIL COMMITTAL PROCEEDINGS IN THE COUNTY COURT: THE RISK OF INJUSTICE RUNNING RIFE
Committal proceedings in the civil courts are a serious business. Respondents can, and often do, go to prison. The legal costs incurred by the applicant are often extremely high. However those responding have real and fundamental difficulties in obtaining representation….
RESPONDING TO A COMMITTAL APPLICATION: A POINT TO WATCH
The brief report in Lawtel of Royal & Sun Alliance -v- Fahad (QBD Spencer J 17/10/14) brings home an important procedural point in relation to committal applications. THE FACTS The applicant was seeking to commit the respondent for making false…
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