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Court of appeal—permission for committal application for false statements (Makdessi v Cavendish Square Holdings)

Court of appeal—permission for committal application for false statements (Makdessi v Cavendish Square Holdings)
Published on: 28 November 2013
Published by: LexisPSL
  • Court of appeal—permission for committal application for false statements (Makdessi v Cavendish Square Holdings)
  • Practical implications
  • Court details

Article summary

DR Analysis: The Court of Appeal has dismissed an appeal against the Commercial Court’s decision to grant the respondents permission to bring committal proceedings against Mr Makdessi for making false statements in his pleadings. While the discretion of the court to allow private litigants to pursue committal proceedings is to be exercised with caution, it is in the public interest to discourage the making of false statements in order to preserve the integrity of the legal system. The court highlighted the requirements of CPR 81, which governs contempt of court applications, particularly with regard to the evidence required, noting that the requirements must be complied with in what amounts to a quasi-criminal process of committal. or take a trial to read the full analysis.

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