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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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A SECOND APPEAL IN COMMITTAL PROCEEDINGS WAS AN ABUSE OF PROCESS, AND DISMISSED FOR THAT REASON

A SECOND APPEAL IN COMMITTAL PROCEEDINGS WAS AN ABUSE OF PROCESS, AND DISMISSED FOR THAT REASON

August 10, 2022 · by gexall · in Abuse of Process, Appeals, Committal proceedings

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...

AN APPLICATION FOR COMMITTAL THAT WAS “WHOLLY FRIVOLOUS” AND “BORDERS ON VEXATIOUS”: CLAIMANT NOW REQUIRES PERMISSION TO BRING SIMILAR COMMITTAL PROCEEDINGS…

August 8, 2022 · by gexall · in Applications, Committal proceedings, Injunctions

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

LITIGATION FRIEND GAVE FALSE EVIDENCE AND WAS IN CONTEMPT OF COURT: “GOOD DAYS” DOES NOT EXPLAIN CLAIMANT’S LEADING THEATRICAL ROLES

April 8, 2022 · by gexall · in Civil evidence, Clinical Negligence, Committal proceedings, Fundamental Dishonesty, Witness statements

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

SHOULD A RESPONDENT RECEIVE HIS COSTS FOR BEING SENT TO PRISON? JUDGE CONSIDERS ISSUES AFTER CONTEMPT OF COURT HEARING

January 11, 2022 · by gexall · in Committal proceedings, Conduct, Costs

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"

CLAIMANT NOT ALLOWED TO PURSUE POINTLESS COMMITTAL PROCEEDINGS: “THE DISPROPORTIONATE PURSUIT OF POINTLESS LITIGATION IS AN ABUSE”

September 21, 2021 · by gexall · in Abuse of Process, Committal proceedings

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"

EXAGGERATING AND INFLATING CLINICAL NEGLIGENCE CLAIM LED TO CLAIMANT BEING SENTENCED TO SIX MONTHS IMPRISONMENT: “THERE IS NO ROBIN HOOD DEFENCE HERE”

March 16, 2021 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Committal proceedings

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

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…

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