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Contributions by Albion Chambers Experts

25

Civil contempt proceedings—appeals, purges and discharge
Practice notes

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).

Civil contempt proceedings—confiscation of assets (‘writs of sequestration’)
Practice notes

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’).

Civil contempt proceedings—contempt in the face of the court
Practice notes

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.

Civil contempt proceedings—County Courts Act offences and High Court certifications
Practice notes

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.

Civil contempt proceedings—discontinuance, defects, waiver and strike out
Practice notes

This Practice Note considers the strict requirements that apply in contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’), and the court’s approach to dealing with procedural defects in committal 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 committal proceedings, and the potential cost implications of doing so.

Civil contempt proceedings—evidence and the hearing
Practice notes

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. It also considers the impact of the coronavirus (COVID-19) pandemic on the hearing.

Civil contempt proceedings—false statements
Practice notes

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.

Civil contempt proceedings—interference with the administration of justice
Practice notes

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.

Civil contempt proceedings—making and serving the application
Practice notes

This Practice Note summarises the procedure for bringing contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’), including the need for strict compliance with CPR 81. It also considers the procedure for serving the committal application, including service on the defendant, on the defendant’s legal representatives, and service out of the jurisdiction. Also considered is the need for a penal notice on the application and the power of the court on its own initiative to proceed against the defendant for contempt of court.

Civil contempt proceedings—nature and legal framework
Practice notes

This Practice Note looks at the legal framework for contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’), including their quasi-criminal nature and the need for strict compliance with CPR 81. It also considers the need to pursue a contempt application for a legitimate purpose and the p —otential for an application being struck out where it is an abuse of process.

Civil contempt proceedings—non-compliance with a court order or undertaking
Practice notes

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 and the process to be adopted in bringing them, including the need for 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.

Civil contempt proceedings—permission and appropriate forum
Practice notes

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 committal proceedings more generally.

Civil contempt proceedings—sentencing and costs
Practice notes

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’) and the other powers of the court following a successful committal 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. The Practice Note also looks at how the courts should address the significant additional limitations and restrictions placed on prisoners due to the coronavirus (COVID-19) pandemic and considers what cost orders the court may make at the conclusion of a committal hearing.

Civil contempt proceedings—summary of the changes to committal proceedings (CPR 81) in force with effect from 1 October 2020
Practice notes

This Practice Note 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 committal proceedings, in particular in understanding the rationale for the changes and how to interpret pre-1 October 2020 case law concerning contempt proceedings.

Committal proceedings—appeals, purges and discharge [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note examines the law surrounding appeals in respect of committal proceedings, both for the claimant and respondent, alongside the process by which an individual’s contempt can be purged (in old-fashioned terminology) or discharged (in modern terminology).

Committal proceedings—applications, evidence and hearings [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note sets out the necessary ingredients, formalities and hurdles that must be observed when pursuing committal applications for contempt or writs of sequestration, including the need for a penal notice. It also looks at the quasi-criminal nature of committal proceedings, the respondent’s entitlement to legal aid/legal representation and the right to silence. It also considers the approach to issuing a warrant of committal.

Committal proceedings—contempt in the face of the court [Archived]
Practice notes

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.

Committal proceedings—County Courts Act offences and High Court certifications [Archived]
Practice notes

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.

Committal proceedings—discontinuance, defects and strike out [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note considers the court’s approach to procedural defects in committal proceedings and when the court may strike out such proceedings as a result.

Committal proceedings—false statements [Archived]
Practice notes

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.

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