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

The following Dispute Resolution practice note produced in partnership with Alexander West 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?
  • Issues with service
  • Defects and injustice
  • The grounds for strike out
  • Strike out for abuse of process
  • When can you discontinue contempt proceedings?
  • Discontinuance and costs

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

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 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.

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 legal framework and Civil contempt proceedings—making and serving the application, and the related content covering each type of contempt. Therefore, this Practice Note should be read in conjunction with the following Practice Notes:

  1. Civil contempt proceedings—non-compliance with a court order or undertaking

  2. Civil contempt proceedings—false statements

  3. Civil contempt proceedings—interference with the administration of justice

  4. Civil contempt proceedings—contempt in the face of the court

  5. Civil contempt proceedings—County Courts Act offences and High Court certifications

  6. Civil contempt proceedings—confiscation of assets (‘writs of sequestration’)

Compliance with a strict regime

As set out in Practice Note: Civil contempt proceedings—making and serving

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