Civil contempt proceedings—discontinuance, defects, waiver and strike out
Produced in partnership with Richard Shepherd of Albion Chambers
Civil contempt proceedings—discontinuance, defects, waiver and strike out

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—discontinuance, defects, waiver and strike out
  • Compliance with a strict regime
  • When can the court waive compliance with CPR 81 requirements?
  • Defects and injustice
  • The grounds for strike out
  • Strike out for abuse of process
  • When can you discontinue committal proceedings?
  • Discontinuance and costs

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 considers the strict requirements that apply in proceedings for contempt of court 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.

In general terms, the procedural requirements and the matters to be proved are covered in some detail in Practice Notes: Civil contempt proceedings—nature and

Popular documents