Alexander West

This Practice Note examines the law surrounding appeals in respect of contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’), both for the claimant and defendant, whether appealing in relation to the committal or the sentence imposed. It also considers the process by which an individual’s contempt can be discharged (in modern terminology) or purged (in old-fashioned terminology).

This Practice Note considers the circumstances where a party’s assets can be confiscated (also known as a ‘writ of sequestration’) as a remedy, punishment or coercion as part of contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’).

This Practice Note considers when contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) can be brought where contempt is committed in the face of the court. This means, the contempt must be directly in the court’s presence.

This Practice Note considers contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) in relation to County Courts Act offences and High Court certifications.

This Practice Note considers the strict requirements that apply in contempt proceedings under CPR 81 (also referred to as ‘proceedings’), and the court’s approach to dealing with procedural defects in contempt proceedings, including when the court may waive any non-compliance or when the court may strike out such proceedings as a result of non-compliance. It also considers when a party may be able to discontinue contempt proceedings, and the potential cost implications of doing so.

This Practice Note considers the hearing of contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’), including whether the court will sit in public or in private, what directions the court will make in advance of the hearing, the timing of the hearing and the evidence that will be presented at the hearing, In respect of the defendant it looks at what happens if the defendant is absent at the hearing, the defendant’s right to silence, and the defendant’s entitlement to legal aid, legal representation and/or an interpreter.

This Practice Note considers when contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) can be brought against someone for the making of a false statement and the process to be adopted in bringing such proceedings. This includes when permission is required to make such an application, and when the court is likely to grant such permission, and the timing of such an application. It also considers what must be proved for the contempt application to be successful.

This Practice Note considers when contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) can be brought where an interference with the administration of justice is alleged, including where a party needs the court’s permission to bring such an application.

This Practice Note considers when proceedings for contempt of court under CPR 81 (also referred to as ‘committal proceedings’) may be brought for non-compliance with a court order or undertaking. It provides information on the process to be adopted in bringing proceedings for contempt of court, including the need for there to be a penal notice on the order in question. It also considers bringing proceedings for contempt of court for breach of a court order or undertaking against a company or corporation.

This Practice Note discusses when permission is required to bring contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) and how and in what forum permission must be sought. It also addresses the appropriate forum of contempt proceedings more generally.

This Practice Note examines the principles and purposes of sentencing in contempt cases following a successful contempt application under CPR 81 (also referred to as a ‘committal application’), including mitigating factors that the court will take into account when sentencing. It also considers the other powers of the court following a successful contempt application, which include confiscation of assets (‘writs of sequestration’) or imposing a fine. It also considers when the court will consider it appropriate to sentence in the defendant’s absence, and, if imposing a sentence of imprisonment, when the court is likely to suspend this.

This Practice Note has been archived and is not maintained. It gives a brief overview of the changes to the CPR which are in force with effect from 1 October 2020 in relation to contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’). This Practice Note is essential reading for all practitioners considering or facing contempt proceedings, in particular in understanding the rationale for the changes and how to interpret pre-1 October 2020 case law concerning contempt proceedings.

This Practice Note has been archived and is not maintained. This Practice Note considers when committal proceedings can be brought where contempt is committed in the face of the court.

This Practice Note has been archived and is not maintained. This Practice Note considers committal proceedings in relation to County Courts Act offences and High Court certifications.

This Practice Note has been archived and is not maintained. This Practice Note considers when committal proceedings can be brought for the making of false statements under CPR 32.14 and the process to be adopted in bringing them, including seeking permission to bring the proceedings, the timing of bringing the proceedings and the standard of proof to be applied.

This Practice Note has been archived and is not maintained. This Practice Note considers when committal proceedings may be held without the presence of the alleged contemnor and/or held in private.

This Practice Note has been archived and is not maintained. This Practice Note considers when committal proceedings can be brought where an interference with the administration of justice is alleged.

This Practice Note has been archived and is not maintained. This Practice Note considers when committal applications may be brought for non-compliance with court orders or a solicitor’s undertaking and the process to be adopted in bringing them.

This Practice Note has been archived and is not maintained. This Practice Note examines the principles and purposes of sentencing in contempt and writ of sequestration cases following a successful committal application.

This Practice Note has been archived and is not maintained. This Practice Note considers when committal proceedings can be brought alongside of, or for failure to comply with, writs of sequestration and the process to be adopted in bringing them. This includes circumstances where an order, judgment or undertaking has not been complied with.