MAKING THREATS TO REPORT LAWYERS TO THEIR REGULATORY BODIES IS CAPABLE OF AMOUNTING TO CONTEMPT OF COURT: MAKE THREATS AT YOUR OWN PERIL…
We are looking at a case where a respondent to committal proceedings threatened to make regulatory and other complaints about the conduct of the claimant solicitors. The judge held that such threats made in these circumstances are capable of amounting…
IT IS NOT THE JUDGE’S JOB TO ADD A PENAL NOTICE TO THE ORDER: THE APPLICANT SHOULD ASK: PENAL NOTICES CONSIDERED
There are a remarkable number of cases about penal notices. Questions such as “are they part of the court order?”; “are the essential for committal proceedings to be brought?” “when should they be added and who should add them” arise…
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…
WITNESS EVIDENCE WEDNESDAY: “MISLEADING AND UNTRUE STATEMENTS… HAVE BEEN MADE TO THE COURT ON BEHALF OF THE CHIEF CONSTABLE” (COURT OF APPEAL ARE NOT HAPPY…)
This week we are looking at a remarkable case. Shortly before a matter was due to be heard in the Court of Appeal the respondent (the Chief Constable of a police force) filed documents which showed that numerous witness statements…
SPIES, LIES, INTRIGUE – AND A BASIC FAILURE TO COMPLY WITH THE RULES RELATING TO WITNESS STATEMENTS: GIVING THE SOURCE OF INFORMATION AND BELIEF (WE’VE COVERED THIS MANY TIMES BEFORE…)
Here we have a case about MI5, spies and lies. However this is a site about civil procedure and evidence so we are largely bypassing the intrigue and lies (but not the potential of a finding of contempt of court) …
WITNESS STATEMENTS, FORGED DOCUMENTS AND A FINDING OF CONTEMPT OF COURT: A WHOLE BUNCH OF PROBLEMS
This is a case where the judge found that the claimant and a witness relied on documents that they knew to be forged. It is an important reminder of the lengths that some people can go to in litigation. It…
ANOTHER CASE OF SOMEONE BREACHING THE EMBARGO ON A DRAFT JUDGMENT: THE DRAFT SHOULD NOT BE HANDED OVER THE THE LAWYER’S MARKETING DEPARTMENT
It is difficult to believe that cases about lawyers accidently breaching a judgment embargo still happen. However the reports keep coming. Prominent firms of solicitors, and barristers’ chambers have, over the years fallen foul of the rules. In particular a…
ANOTHER BREACH OF THE EMBARGO ON A DRAFT JUDGMENT: REMEMBER THIS IS A CONTEMPT OF COURT
In John Sisk and Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) HHJ Stephen Davies (sitting as a High Court Judge) found that a party had breached the rules relating to the embargo on a draft…
BOTH THE GENERAL DENTAL COUNCIL AND STOCKPORT BOROUGH COUNCIL IN CONTEMPT OF COURT: THE UNLAWFUL DISCLOSURE OF DOCUMENTS CONSIDERED
In General Dental Council v KK & Anor [2024] EWHC 3053 (Fam) Mrs Justice Knowles considered a case where documents in the family court had been unlawfully disclosed to the General Dental Council. The judge commented that there had been…
COST BITES 162: YOU CAN’T SEND SOMEONE TO PRISON FOR NOT PAYING YOUR COSTS – YOU REALLY CAN’T
In Smith v Kirkegaard [2024] EWCA Civ 698 the Court of Appeal found that it is not possible to imprison someone for contempt if they have failed to pay costs ordered during a court action. The judgment involves a look…
AN EXTRAORDINARY CASE: DRAFT JUDGMENTS ARE SACROSANCT: ALLEGATIONS OF DISCLOSURE, AND OF “JUDGE’S OFFICE” LEAKING LIKE A SIEVE WERE TOTALLY MISFOUNDED
The judgment in Optis Cellular Technology Inc & Anor v Apple Retail UK Ltd & Ors [2021] EWHC 2694 (Pat) is one of the most extraordinary I have read. It concerns the important principle that draft judgments sent out by…
FUNDAMENTAL DISHONESTY: 76 YEAR OLD CLAIMANT SENTENCED TO 6 MONTHS IMMEDIATE IMPRISONMENT FOR CONTEMPT OF COURT
In One Insurance -v- Beasley (a judgment available here) a 76 year old was sentenced to six months immediate imprisonment following his dishonest pursuit of a personal injury case. “A wheelchair was hired on two occasions in order to be…
REMOTE HEARINGS THE SOLICITOR’S DUTIES: (1) READ THE ORDERS MADE; (2) DO NOT BE IN CONTEMPT OF COURT
In the judgment today in Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2167 (QB) the Divisional Court sent out a clear message that lawyers must follow orders of the court. Live trials cannot be transmitted…
THE IMPORTANCE OF THE STATEMENT OF TRUTH (3): THE SCARY STUFF (THE REALLY SCARY STUFF)
This is the third (and final) post in the series that examines the importance of the statement of truth. Here we look at the clear and start warnings given by the courts about the importance of the statement of truth….
CIVIL CONTEMPT: THE KANGAROO COURTS OF THE JUSTICE SYSTEM: THE DANGERS OF NOT FOLLOWING THE CORRECT PROCEDURE
In January this year I wrote “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…
WHY THE LYING LITIGANT SHOULD FRET: COURT OF APPEAL DECISION ON CONTEMPT: WHEN FACEBOOK FLATLY CONTRADICTS PART 18 REPLIES
In Zurich Insurance Plc v Romaine [2019] EWCA Civ 851 allowed an appeal by an insurer so that an application for committal for contempt of court can proceed. No substantive findings of fact have been made. The judgment shows that…
SHOULD AN ERRANT EXPERT GO TO JAIL? COURT OF APPEAL DECISION: MAKING A FALSE STATEMENT SHOULD LEAD TO JAIL
In Liverpool Victoria Insurance Company Ltd v Zafar [2019] EWCA Civ 392 the Court of Appeal set out clear guidance for courts considering sentencing in cases relating to reckless contempt on the part of expert witnesses. A “reckless” statement made…
SOLICITORS AND EXPERT WITNESSES CAN GO TO JAIL: WITNESS STATEMENTS AND THE VASTLY CHANGED MEDICAL REPORT
In Liverpool Victoria Insurance Company Ltd v Khan & Ors [2018] EWHC 2581 (QB) Mr Justice Garnham found a solicitor and a doctor in contempt of court. The solicitor was imprisoned for 12 months, the doctor given a six month sentence,…
PROVING THINGS 107: PROVING A “STAGED CRASH” TO THE CRIMINAL STANDARD: CCTV EVIDENCE PROVIDES CONVINCING EVIDENCE
In Aviva Insurance Ltd v Nazir & Anor [2018] EWHC 1296 (QB) His Honour Judge Gosnell (sitting as a Deputy High Court Judge) found the two defendants in contempt of court when they had taken part in a staged crash and…
LIES, DAMN LIES AND CAR HIRE QUOTES: COMPUTER RECORDS, AND INTERNAL DOCUMENTS PREFERRED TO WITNESS EVIDENCE
The judgment in Accident Exchange Limited -v- Broom [2017] EWHC 1096 (Admin) shows a deliberate, and concerted, effort to undermine the civil justice process. It also shows the importance of obtaining computer records, and internal documentation when preparing a trial….
WITNESS STATEMENTS, STATEMENTS OF TRUTH AND CONTEMPT OF COURT
The judgment of Mrs Justice Slade in Aviva Insurance -v- Randive [2016] EWHC 3152 (QB) involves no findings of fact. However it does demonstrate the dangers inherent in being involved in the drafting of witness statements and replies to Part…
THE STATEMENT OF TRUTH: DOES IT NEED "BEEFING UP": THE POLICE SAY WITNESSES DON'T UNDERSTAND IT'S SIGNIFICANCE!
The statement of truth is central to modern litigation, and at every stage of the litigation. However it is worthwhile considering whether, in its current form, it is effective. THE ACCIDENT EXCHANGE CASE It is worthwhile reading the judgment in…
COMMITTAL PROCEEDINGS AGAINST "EXPERT WITNESSES" ARE NOT AN ABUSE OF PROCESS
The decision of the Divisional Court in Accident Exchange Ltd -v- Nathan John George-Broom & Ors [2015] EWHC 2205 (Admin) is certainly a development in the practice relating to dismissal. THE CASE The claimants applied to commit a number of…
"TAKING THE STATEMENT OF TRUTH LIGHTLY": CONTEMPT OF COURT WHEN DOCUMENTS WERE "CREATED" LONG AFTER THE EVENT
In GB Holdings Ltd -v- Short [2015] EWHC 1378 (TCC) Mr Justice Coulson reviewed the authorities and principles relating to applications for contempt of court when it is alleged that a witness has forged documents in relation to the action….
UNILATERAL DECISIONS TO VARY ORDERS WILL LEAD TO TROUBLE AND AMOUNT TO CONTEMPT: PARATUS AMC EXAMINED
The case of Paratus AMC Ltd -v- Lewis [2014] EWHC 1577 (Ch) has been placed on Bailli following an order by the judge to highlight an issue of contempt of court. As such it clearly requires wider publication. It also…
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