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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CIVIL COMMITTAL PROCEEDINGS AND EARLY RELEASE FROM PRISON: CORONAVIRUS A RELEVANT FACTOR

CIVIL COMMITTAL PROCEEDINGS AND EARLY RELEASE FROM PRISON: CORONAVIRUS A RELEVANT FACTOR

April 8, 2020 · by gexall · in Civil Procedure, Committal proceedings, Coronavirus, Members Content

In Chelsea Football Club Ltd v Nichols & Anor [2020] EWHC 827 (QB) Mr Justice Chamberlain held that the applicant’s health condition, current prison conditions and coronavirus were a relevant factor in the early discharge of someone imprisoned for contempt…

COURT IN THE MIDDLE? CIVIL COMMITTAL PROCEEDINGS AND LEGAL AID: JUDGE EMPHASISES THE COMPLEX MESS ABOUT FUNDING

COURT IN THE MIDDLE? CIVIL COMMITTAL PROCEEDINGS AND LEGAL AID: JUDGE EMPHASISES THE COMPLEX MESS ABOUT FUNDING

November 5, 2019 · by gexall · in Access to justice, Applications, Civil Procedure, Committal proceedings, Members Content

There have been concerns in the past about the way in which civil committal proceedings are carried out.  A guide to the careful approach needed is shown in the judgment of Chamberlain J in  The All England Lawn Tennis Club…

ANOTHER CIVIL CONTEMPT OF COURT OVERTURNED: BREACHES OF REQUIREMENT FOR A FAIR HEARING MEANT ORDER MUST BE QUASHED

ANOTHER CIVIL CONTEMPT OF COURT OVERTURNED: BREACHES OF REQUIREMENT FOR A FAIR HEARING MEANT ORDER MUST BE QUASHED

January 30, 2019 · by gexall · in Abuse of Process, Access to justice, Committal proceedings, Litigants in person, Members Content

I am starting to lose count of the number of times the Court of Appeal has overturned decisions committing people to prison because of very basic and fundamental failures of procedure.  It is as though all the strictures against fair…

COMMITTAL APPLICATION REFUSED BECAUSE OF LONGSTANDING DEFECTS IN COURT FORM

September 21, 2015 · by gexall · in Civil Procedure, Members Content, Uncategorized

In Re: Dad Application to commit Muhammad Nawaz Chaudry to prison [2015] EWHC 2655 (Fam) Mr Justice Holman refused an application to commit a respondent to prison on the grounds that the standard form of collection order did not comply…

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