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…
BREACH OF A COURT ORDER ABOUT DISCLOSURE: THE STATEMENT OF TRUTH AND GOING TO PRISON (FOR QUITE A WHILE)
The judgment in Centek Holdings Ltd & Anor v Giles [2020] EWHC 1682 (Ch) is another example of why parties should take the statement of truth, and compliance with a court order, seriously. THE CLAIM The claimant brought proceedings against…
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…