- Contempt of court applications, breach of undertakings and abuse of process (Navigator Equities Ltd and another v Deripaska)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Abuse of process
- Breach of contract/damages claim
- Case details
Dispute Resolution analysis: In a detailed judgment, Mr Justice Andrew Baker has considered when, how and why an application for contempt of court may be an abuse of process and provided some helpful guidance for solicitors in the conduct of such applications. Contempt of court applications are quasi-prosecutorial in nature and must, so as to be fair to the respondent, be conducted dispassionately and even-handedly. As applications brought in the public interest they should not be used to serve a partisan agenda. Baker J also held that whether or not a breach of an undertaking could give rise to a claim in damages on the basis of breach of contract will depend on the facts. Written by Michael Rhode, senior associate, at Trowers & Hamlins LLP.
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