Civil contempt proceedings—making and serving the application
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—making and serving the application
  • When are contempt proceedings appropriate?
  • When is permission required?
  • Completing and issuing the contempt application
  • Compliance with a strict regime
  • Requirement for a penal notice on the application
  • Requirement for a penal notice on the order that is breached
  • Personal service of court orders
  • Serving the contempt application on the defendant
  • Serving the contempt application on legal representatives
  • More...

Civil contempt proceedings—making and serving the application

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 contempt 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. For guidance on the court’s approach to dealing with contempt applications (including the various hurdles to be met), see Practice Note: Civil contempt proceedings—nature and legal framework and for the different types of contempt that may be committed, see 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

When are contempt proceedings appropriate?

Prior to considering the procedural steps involved, it is critical that you give full consideration to whether or not it is appropriate to bring contempt proceedings. The bringing of contempt proceedings in circumstances

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