Applications for contempt are frequently made where a party has breached a court order. If such an application is to be successful, the procedural requirements applicable to that order should have been followed ie a penal notice should have been added to it and it should have been personally served—although the court, where appropriate, can dispense with personal service. For information on when proceedings for contempt of court under CPR 81 may be brought for non-compliance with a court order, see Practice Note: Civil contempt proceedings—non-compliance with a court order or undertaking. Requirement for a penal notice to be added to the front of the order that is breached Where a contempt application is made for breach of a court order, there must be a penal notice added to the front of the court order (CPR 81.4(2)(e)). On 6 April 2024, the definition of penal notice in CPR 81.2 was amended to define a ‘penal notice’ as: ‘…a prominent notice added to the front of an order by or at the request of a party warning that

This Practice Note considers the strict requirements that apply in proceedings for contempt of court under CPR 81 (also referred to as ‘committal proceedings’), and the court’s approach to dealing with procedural defects in contempt proceedings, including when the court may waive any non-compliance or when the court may strike out such proceedings as a result of non-compliance. It also considers when a party may be able to discontinue contempt proceedings, and the potential cost implications of doing so. In general terms, the procedural requirements and the matters to be proved are covered in some detail in Practice Notes: Civil contempt proceedings—nature and legal framework, Civil contempt proceedings—application considerations and Civil contempt proceedings—court order requirements, and the related content covering each type of contempt. Compliance with a strict regime As set out in Practice Note: Civil contempt proceedings—application considerations—Compliance with a strict regime, unless the court permits otherwise, the adherence to the requirements of CPR 81 in making these types of applications is mandatory. The approach to be adopted should very

This Practice Note considers the hearing of contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’), including whether the court will sit in public or in private, what directions the court will make in advance of the hearing, the timing of the hearing and the evidence that will be presented at the hearing. It also considers what happens if the defendant is absent at the hearing, the defendant’s right to silence, and the defendant’s entitlement to legal aid, legal representation and/or an interpreter. Hearing to be in public The English judicial system operates on a first principle of open justice, from which there are, on occasion, permitted derogations. CPR 81.8(1) provides that: ‘all hearings of contempt proceedings shall, irrespective of the parties’ consent, be listed and heard in public unless the court otherwise directs.’ This mirrors the provisions set out in CPR 39.2, which states that the ‘general rule is that a hearing is to be in public’ For more information on public and private hearings generally, see Practice

This Practice Note considers when contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) can be brought against someone for the making of a false statement and the process to be adopted in bringing such proceedings. This includes when permission is required to make such an application, and when the court is likely to grant such permission, and the timing of such an application. It also considers what must be proved for the contempt application to be successful. This Practice Note should be read in conjunction with Practice Note: Civil contempt proceedings—nature and legal framework giving a general overview of these types of proceedings. It should also be read taking into account the practical considerations when making an application for contempt, which are set out in Practice Note: Civil contempt proceedings—application considerations. Note, where a legal representative signs a statement of truth on behalf of a client, this is not merely an administrative formality. Instead it is a ‘serious act’ which should be undertaken seriously (Kevin Demirci Properties v Huw Griffiths

The procedural requirements for making a contempt application were substantially changed with effect from 1 October 2020. Substantial changes to CPR 81 were introduced and Practice Direction 81 was revoked in its entirety. This Practice Note refers to cases which were decided after 1 October 2020. The importance of ensuring that your client understands the need to comply with the court rules (such as when signing a statement of truth) and court orders, and the drastic consequences that may follow if they do not, is borne out by the number of cases in which contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) have been pursued against those parties (both individual and corporate) for their failure to adhere to and comply with such rules and orders. The table below identifies a number of cases dealing with committal, covering issues such as: • procedural irregularities in the application process • evidential standards • jurisdiction and service issues • sentencing issues Case details and analysis Nature of contempt alleged Summary of decision and details of any sentencing

ARCHIVED: This Practice Note has been archived and is not maintained. The procedural requirements for making a contempt application were substantially changed with effect from 1 October 2020. Substantial changes to CPR 81 were introduced and Practice Direction 81 was revoked in its entirety. This Practice Note refers to cases which were decided on the basis of the old provisions that were in force prior to 1 October 2020. The importance of ensuring that your client understands the need to comply with the court rules (such as when signing a statement of truth) and court orders, and the drastic consequences that may follow if they do not, is borne out by the number of cases in which contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) have been pursued against those parties (both individual and corporate) for their failure to adhere to and comply with such rules and orders. The table below identifies a number of cases dealing with committal, covering issues such as: • procedural irregularities in the application process

This Practice Note considers when contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) can be brought where an interference with the administration of justice is alleged, including where a party needs the court’s permission to bring such an application. This Practice Note does not deal with contempt in the face of the court or disobedience to a court order or breach of an undertaking. For more information on these, see Practice Notes: Civil contempt proceedings—contempt in the face of the court and Civil contempt proceedings—non-compliance with a court order or undertaking. This Practice Note should be read in conjunction with Practice Note: Civil contempt proceedings—nature and legal framework, giving a general overview of the key considerations in these types of proceedings. What will amount to interference with the administration of justice? The ways in which an individual can be held in contempt for interfering with the administration of justice are varied. The following is a non-exhaustive list of convenient examples where such allegations have been made:

This Practice Note looks at the legal framework for contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’), including their quasi-criminal nature and the need for strict compliance with CPR 81. It also considers the need to pursue a contempt application for a legitimate purpose and the potential for an application being struck out where it is an abuse of process. The legal framework of contempt proceedings The House of Lords confirmed in Crest Homes v Marks (1987) (as applied in Dadourian Group International v Simms (2006)) that proceedings for contempt of court are an integral part of the proper prosecution of the underlying action, not a collateral or separate proceeding. Applications for contempt can result in imprisonment or other draconian sanctions, including confiscation of assets. As result, article 6 of the European Convention on Human Rights (ECHR) (right to a fair trial) must be considered. For more information, see Inplayer v Thorogood (2014)—News Analysis: Court of Appeal—Jackson LJ provides robust warning on skeleton arguments in committal appeal (Inplayer

This Practice Note considers when proceedings for contempt of court under CPR 81 (also referred to as ‘committal proceedings’) may be brought for non-compliance with a court order or undertaking. It provides information on the process to be adopted in bringing proceedings for contempt of court, including the need for there to be a penal notice on the order in question. It also considers bringing proceedings for contempt of court for breach of a court order or undertaking against a company or corporation. This Practice Note should be read in conjunction with Practice Note: Civil contempt proceedings—nature and legal framework, which provides a general overview of the key considerations in these types of proceedings, and Practice Notes: Civil contempt proceedings—application considerations and Civil contempt proceedings—court order requirements. Note: it is important that where there has been non-compliance with a court order, contempt proceedings are only brought where necessary and are not just another stick to beat the opponent with. This is highlighted by the decision in Bargain Busting

This Practice Note discusses when permission is required to bring contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’) and how and in what forum permission must be sought. It also addresses the appropriate forum of contempt proceedings more generally. Types of case requiring permission CPR 81.3(5) provides that permission to bring contempt proceedings is only required in two types of cases: • interference with the due administration of justice, except where the alleged contempt is in relation to existing High Court or County Court proceedings, and • an allegation of knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement For more information on these types of contempt, see Practice Notes: Civil contempt proceedings—interference with the administration of justice and Civil contempt proceedings—false statements. CPR 81.3 sets out to which court the permission application should be made, if permission is required—see: Permission and forum. Permission and forum Court/type of proceedings Permission determined by/forum/method CPR Contempt

This Practice Note examines the principles and purposes of sentencing in contempt cases following a successful contempt application under CPR 81 (also referred to as a ‘committal application’), including mitigating factors that the court will take into account when sentencing. It provides information on the other powers of the court following a successful contempt application, which include confiscation of assets (‘writs of sequestration’) or imposing a fine. It also considers when the court will consider it appropriate to sentence in the defendant’s absence and, if imposing a sentence of imprisonment, when the court is likely to suspend this. The issue of what costs orders can be made at the conclusion of a contempt hearing is also considered. The court has an ‘undoubted power’ at common law to commit a contemnor for contempt. Over time, the exercise of that power has evolved and been refined to allow for a more proportionate and focused response, including the suspension of a committal order rather than the immediate deprivation of liberty (Windhorst v ADS Securities LLC

ARCHIVED: This archived Practice Note gives a brief overview of the changes to the CPR which came into effect on 1 October 2020 in relation to contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’). This Practice Note is essential reading for all practitioners considering or facing contempt proceedings, in particular in understanding the rationale for the changes and how to interpret pre-1 October 2020 case law concerning contempt proceedings. All references to CPR 81 in this Practice Note are to the version of CPR 81 in force since 1 October 2020, unless otherwise stated. It is not maintained and is for background information only. For information on the pre-1 October 2020 position for proceedings for contempt of court, see: Contempt and committal—overview. With the passage of time these changes have now been established as the norm, however practitioners may find it useful to understand the brief background to the changes, to appreciate the context in which