Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Committal proceedings
LEGAL AID AVAILABLE FOR RESPONDENT TO APPLICATION TO COMMIT UNDER THE DEBTORS ACT 1869

LEGAL AID AVAILABLE FOR RESPONDENT TO APPLICATION TO COMMIT UNDER THE DEBTORS ACT 1869

December 10, 2020 · by gexall · in Access to justice, Committal proceedings

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

CONTEMPT OF COURT, THE STATEMENT OF TRUTH AND THE CRIMINAL STANDARD OF PROOF: HIGH COURT DECISION FINDS CLAIMANTS IN CONTEMPT OF COURT

November 20, 2020 · by gexall · in Civil evidence, Committal proceedings, Fundamental Dishonesty

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

THE NEW COMMITTAL PROCEDURE: DOES NOT AFFECT THE COURT’S SENTENCING POWERS: DEFENDANT SENT TO PRISON

October 8, 2020 · by gexall · in Committal proceedings

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

“LITIGANTS SHOULD BE TERRIFIED IF THEY LIE TO THE COURT”: THE IMPORTANCE OF THE STATEMENT OF TRUTH

October 4, 2020 · by gexall · in Civil Procedure, Committal proceedings, Statements 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

NEW RULES ON COMMITTAL PROCEEDINGS: COMING INTO FORCE 1st OCTOBER 2020

July 21, 2020 · by gexall · in Civil Procedure, Committal proceedings, Rule Changes

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

COVID REPEATS 46: IF YOU CAN’T BE BOTHERED TO CONDUCT YOUR CLIENT’S LITIGATION – THEN JUST MAKE IT ALL UP

June 8, 2020 · by gexall · in Applications, Civil evidence, Committal proceedings, Conduct

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)

COMMITTAL PROCEEDINGS: LEGAL AID IS AVAILABLE WITHOUT ASSESSMENT OF MERITS OR MEANS: BUT WHERE DOES A RESPONDENT OBTAIN REPRESENTATION (LOOK HERE I HOPE)

November 18, 2019 · by gexall · in Access to justice, Committal proceedings

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

CIVIL COMMITTAL PROCEEDINGS (YET AGAIN…): COMMITTAL ORDER SET ASIDE BECAUSE DEFENDANT WAS NOT LEGALLY REPRESENTED

October 17, 2019 · by gexall · in Access to justice, Appeals, Committal proceedings

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

COMMITTAL PROCEEDINGS – RE M – THE FULL JUDGMENT: IT IS IMPERATIVE THAT THE STRICT PROCEDURAL RULES ARE COMPLIED WITH

September 14, 2019 · by gexall · in Appeals, Committal proceedings

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

APPLICATION TO COMMIT REFUSED BECAUSE THE DEFENDANT WAS NOT IN BREACH OF THE ORDER: WORDS ARE IMPORTANT: THE NEED FOR REPRESENTATION IN COMMITTAL PROCEEDINGS

June 17, 2019 · by gexall · in Access to justice, 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

SORRY SEEMS TO BE THE HARDEST WORD: PURGING CONTEMPT OF COURT

August 28, 2018 · by gexall · in Access to justice, Civil Procedure, Committal proceedings

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

OVERTURNING THE SUMMARY ASSESSMENT OF COSTS FOR A COMMITTAL: THE AMOUNTS INVOLVED WERE “DISPROPORTIONATE AND WRONG

February 9, 2018 · by gexall · in Appeals, Committal proceedings, Costs

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

MAKE UP A FRAUDULENT CASE, TELL LIES TO THE COURT – GO TO JAIL: THE FORGED WILL CASE HAS A SEQUEL

December 11, 2017 · by gexall · in Abuse of Process, Committal proceedings, Witness statements

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

January 29, 2017 · by gexall · in Applications, Committal proceedings

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

December 6, 2016 · by gexall · in Appeals, Uncategorized

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

June 12, 2016 · by gexall · in Civil evidence, Civil Procedure, Costs, Uncategorized

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

April 6, 2016 · by gexall · in Committal proceedings, Uncategorized

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

July 17, 2015 · by gexall · in Applications, Civil evidence, Witness statements

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

May 15, 2015 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure

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

October 23, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Written advocacy

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…

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2021. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 22,973 other subscribers

Recent Posts

  • “THE DEVELOPING BODY OF LAW AS TO THE RELATIONSHIP BETWEEN COSTS MANAGEMENT AND DETAILED ASSESSMENT”: INTERIM ORDER FOR COSTS AFTER A TRIAL: 90% OF BUDGETED COSTS 70% OF INCURRED COSTS
  • MEDIATION PRIVILEGE UPHELD: “PARTIES MUST BE FREE TO CANDIDLY DISCUSS ALL OPTIONS FOR SETTLEMENT”
  • “BUILD IT AND WHO CARES IF THEY COME”: THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF “SCHOOL-GRADE WEB SKILLS”
  • AN APPLICATION THAT WAS “OPPORTUNISTIC AND WITHOUT MERIT”: NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL
  • THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND…

Top Posts & Pages

  • MEDIATION PRIVILEGE UPHELD: "PARTIES MUST BE FREE TO CANDIDLY DISCUSS ALL OPTIONS FOR SETTLEMENT"
  • "THE DEVELOPING BODY OF LAW AS TO THE RELATIONSHIP BETWEEN COSTS MANAGEMENT AND DETAILED ASSESSMENT": INTERIM ORDER FOR COSTS AFTER A TRIAL: 90% OF BUDGETED COSTS 70% OF INCURRED COSTS
  • "BUILD IT AND WHO CARES IF THEY COME": THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF "SCHOOL-GRADE WEB SKILLS"
  • AN APPLICATION THAT WAS "OPPORTUNISTIC AND WITHOUT MERIT": NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL
  • THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND...

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Hardwicke
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2021 Civil Litigation Brief

Powered by WordPress and Origin