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Importance of carefully drafted orders (Kagalovsky v Balmore)

Importance of carefully drafted orders (Kagalovsky v Balmore)
Published on: 13 December 2013
Published by: LexisPSL
  • Importance of carefully drafted orders (Kagalovsky v Balmore)
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Article summary

DR analysis: The Queen’s Bench Division has listed a further hearing of this matter to determine the appropriate sanction for the findings of contempt made in this judgment. However, this judgment is of particular interest in relation to the allegations on which the court did not make a finding of contempt. As such, it serves as a useful reminder to practitioners of the importance of ensuring orders are drafted in such a way as to ensure they accurately specify the action required by the other party and, thereby, afford the protection sought. Without this, no matter how the respondent has behaved, there is a danger they will not technically be in breach of the order and therefore, cannot be found to be in contempt of court. or take a trial to read the full analysis.

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