The following Dispute Resolution practice note produced in partnership with Richard Shepherd of Albion Chambers provides comprehensive and up to date legal information covering:
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 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
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The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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