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Civil contempt proceedings—checklist

Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....

Freezing injunctions and the impact of Brexit—checklist [Archived]

Freezing injunctions and the impact of Brexit—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. This Checklist is designed to draw attention to the potential impact of Brexit on freezing injunctions and is a starting point to consider key points when applying for or enforcing a freezing order. Cases in which a freezing injunction might be appropriate often involve a cross border element—for example, the defendant being based or having assets located outside of England and Wales or the underlying claim involving allegations of wrongful conduct that concerns a number of different jurisdictions. The UK’s departure from the EU, when dealing with freezing injunctions, has the potential to impact the following: • establishing the jurisdiction of the courts of England and Wales • service of documents outside England and Wales • enforcing freezing orders outside England and Wales • obtaining freezing injunctions in support of foreign proceedings The following should be noted: • the rules governing jurisdiction, service and enforcement are technical and complex. Links to detailed...

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Skeleton Arguments in an appeal—general provisions

Skeleton Arguments in an appeal—general provisions This Practice Note contains guidance to the provisions contained within CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. It provides general guidance on skeleton arguments in appeals to the County Court, the High Court and the Court of Appeal. For more information on the scope of this content, see: Civil appeals: general and preliminary considerations—overview. Practitioners may also wish to refer to the following Practice Notes and Checklists: • Skeleton arguments • Starting an appeal in the Court of Appeal—Skeleton arguments • Responding to an appellant's notice—the written statement and respondent's notice—Respondent's skeleton arguments and supplementary skeleton arguments • Conducting an appeal in the County Court or the High Court—Filing skeleton arguments in appeals in the High Court or County Court • Skeleton argument—checklist • Civil contempt proceedings—appeals, purges and discharge • Supreme Court—documents for appeal hearing—on or after 2 December 2024 In addition to all and any relevant CPR provisions, practitioners should also comply with any provisions in...

Without prejudice—exceptions to protection from admissibility

Without prejudice—exceptions to protection from admissibility This Practice Note looks at exceptions to the ‘without prejudice’ rule. There are exceptions to the rule which result in ‘without prejudice’ communications becoming admissible: for instance, offers which are part of conduct involving unambiguous impropriety, such as blackmail, do not have protection from being admissible in court. The exceptions are explained with examples, along with the concept of waiver of ‘without prejudice’ protection. Exceptions to without prejudice protection There are seven recognised situations where an exception is made to the policy of preventing ‘without prejudice’ communications being admitted in evidence. However, practitioners should be aware of the general attitude of judges that they should be ‘slow to lift the umbrella unless the case for doing so is absolutely plain’ (Lord Hope in Ofulue v Bossert at para [2]). In the same case, Lord Walker said: ‘I would not restrict the principle of without prejudice unless justice clearly demands it’ (at para [57]). Nevertheless, in Unilever plc v Procter & Gamble Co,...

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Administration actions—client guide

Administration actions—client guide This document provides general guidance regarding some of the key issues in bringing an administration action. Your specialist Private Client practitioner will be able to provide tailored advice based on your personal circumstances. What is an administration action When the beneficiaries of an estate have concerns about whether the personal representatives (the executors or administrators) are administering the estate properly, they will wish to seek advice on what can be done rather than watching the situation deteriorate with, potentially, substantial loss to the value of the estate and their inheritance. A personal representative may be liable for laying waste to the estate, or breach of their duties. The personal representatives have a duty to collect in the deceased’s estate, settle the deceased’s liabilities and distribute the balance of the estate (after the deduction of all tax and administration expenses) in accordance with the terms of the Will or the intestacy rules. An administration action is a claim against the personal representatives for a failure to administer the...

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How can I enforce an order for pre-action disclosure and costs?

How can I enforce an order for pre-action disclosure and costs? Firstly, it would be prudent to look at the terms of the pre-action disclosure order to see if it mentions anything regarding enforcement. For an example order, see Precedent: Order for pre-action disclosure. Effect of non-compliance Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR 3.8)—see Practice Note: Case management—compliance. Note: rules and guidance can be set out in any applicable court guide, as well as in the CPR. To access various court guides, see Practice Note: Court guides and other guidance. Failing to comply with civil procedural rules, practice directions and/or court orders can increase the amount of time it takes for a dispute to be resolved and/or the costs of doing so. These delays and costs affect other court users, as well as the parties to the instant proceedings. Conversely, effective and efficient case and costs management can minimise the time...

If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record?

If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record? As was noted in Phonographic Performance Ltd v Ellis (t/a Bla Bla Bar), the power to imprison for contempt of court arises out of the inherent jurisdiction of the Court, but is subject to the provisions of the Contempt of Court Act 1981 (CCA 1981). By virtue of CCA 1981, s 14 a sentence of imprisonment may be imposed for contempt of court, but for no more than two years (see also Palmer v Tsai). This is limited to a period of one month for committal ordered by the inferior courts. Further, specific statutory powers may limit the period further. The CCA 1981 does not expressly make contempt of court a criminal offence. Whether the contempt is a criminal offence is a question of whether the form of contempt is a civil or criminal contempt. As was noted in Re: Yaxley-Lennon: ‘It is...

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Tommy Robinson's mental health 'deteriorating' in prison

Law360, London: Counsel for far-right activist Stephen Yaxley-Lennon urged the Court of Appeal on 11 April 2025 to reduce his 18-month sentence for contempt of court, arguing that prison conditions have caused a 'demonstrable effect' on his mental health.

Increasing magistrates’ powers to impose custodial sentences for either way offences—will it reduce the Crown Court backlog?

Corporate Crime analysis: The Criminal Justice Act 2003 (Commencement No 33) and Sentencing Act 2020 (Commencement No 2) Regulations 2022, SI 2022/500 came into force on 2 May 2022. The regulations bring section 282 of the Criminal Justice Act 2003 (CJA 2003), into force. This amends section 32 of the Magistrates’ Court Act 1980 (MCA 1980), increasing the maximum sentence available after summary conviction for offences triable either way which were committed after commencement (on or after 2 May 2022). The effect is that magistrates’ sentence powers double from 6–12 months’ imprisonment for the scheduled either way offences. A parallel provision gives effect to a similar awaited amendment in schedule 22, para 24 of the Sentencing Act 2020 (SA 2020), expanding the maximum sentence for all other either way offences (those not in the MCA 1980, sch 1). Harry O’Sullivan, Author of Banks on Sentence and Criminal Barrister of Goldsmith Chambers considers the impact this increase will have. Magistrates already had the power to impose sentences of up to 12...