Legal News

Court of Appeal: clarifies the High Court's jurisdiction to grant committal orders (Tariq Ali v Esure Services Limited)

Published on: 03 January 2012

Table of contents

  • Court details
  • Facts
  • First instance
  • Appeal
  • Judgment
  • Comment

Article summary

The Court of Appeal has confirmed that a single judge sitting in the High Court has jurisdiction to make a committal order for the alleged contempt made whilst the proceedings were in the county court prior to them being transferred to the High Court. In so holding there is no requirement to refer the matter 'back down' to the Divisional Court for such hearing. The Court of Appeal held that it was the continuity of the proceedings which permitted the jurisdiction of the High Court to hear the contempt application under RSC Order 52; they were one and the same proceedings notwithstanding the transfer.

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