Civil contempt proceedings—appeals, purges and discharge
Produced in partnership with Richard Shepherd of Albion Chambers
Civil contempt proceedings—appeals, purges and discharge

The following Dispute Resolution practice note produced in partnership with Richard Shepherd of Albion Chambers provides comprehensive and up to date legal information covering:

  • Civil contempt proceedings—appeals, purges and discharge
  • The defendant’s right to appeal vs the claimant’s position
  • Defendant’s right to appeal—an unintended lacuna?
  • The strict time limits for appeal (claimant and defendant)
  • Appeals against ‘sentence’ or committal for contempt
  • Claimant’s appeal and relevant jurisdiction
  • Purging or discharging a contempt
  • Procedural requirements
  • The relevant test
  • Genuine contrition is required

Note: this Practice Note is relevant only to proceedings for contempt of court as considered under CPR 81 in force with effect from 1 October 2020 and all references to CPR 81 in this Practice Note are to this version of CPR 81, unless otherwise stated. For information on the changes to proceedings for contempt of court in force from this date, and the approach to dealing with pre-1 October 2020 case law and contempt applications which straddle the old and new rules, see Practice Note: Civil contempt proceedings—summary of the changes to committal proceedings (CPR 81) in force with effect from 1 October 2020. For information on the pre-1 October 2020 position for proceedings for contempt of court, see: Contempt and committal—overview.

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 finding of contempt 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).

The defendant’s right to appeal vs the claimant’s position

A defendant has an absolute right of appeal against being committed to prison for contempt (ie no permission to appeal is first required) (Baho v Meerza and CPR 81.8(7)). For more information on

Popular documents