This Practice Note describes the consequences of breaching an order to attend for questioning made under CPR 71.2, including a suspended order punishing the breach and the eventual issuing of a warrant for arrest or committal. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below. For an introduction to the CPR 71 procedure, including who is entitled to use it, see Practice Note: Obtaining information about judgment debtors under CPR 71—general principles. For guidance on the procedure for seeking an order under CPR 71, see Practice Note: Obtaining information about judgment debtors under CPR 71—making the application. For guidance on the oral examination itself, see Practice Note: Obtaining information about judgment debtors under CPR 71—the examination. A streamlined contempt procedure CPR 71.8 provides a simplified procedure for obtaining an order punishing someone who has failed to comply with an

If an accused person released on bail breaches their bail by failing to surrender or breaching a condition of their bail they may be arrested and returned to custody.

Personal Injury analysis: Dan Isaac, senior associate at Enable Law, explains the background to the case of Spearman v Royal United Bath Hospitals NHS Foundation Trust and considers the implications of the High Court judgment.

When a party to a formal agreement (contract) breaks a condition (term) of that contract.

Scope of Practice Note This Practice Note on breach of contract considers what may amount to a breach of contract, how the courts approach such assessment with reference to contractual interpretation of the parties’ obligations (and including the ‘principle of futility’ and the ‘prevention principle’), the remedies for breach, ie an express contractual right to terminate for breach or termination under the common law doctrine of repudiatory breach, and the availability of damages for contractual breach. Note: a breach of contract may (but will not always) result in the agreement being brought to an end. However, there are many more ways that a contract can be terminated other than by breach and there are other instances where a contract may be treated as void or rescinded. For guidance on these issues, see Practice Notes: • Termination and expiry of contracts • Terminating commercial contracts • Contract termination—checklist and more generally: Terminating contracts—how and when a contract ends—overview. For the purposes of this Practice Note, we use the terms: • defaulting party—for the party (alleged to

Construction analysis: The Technology and Construction Court (TCC) dismissed a £19m counterclaim for loss of chance on the basis that causation could not be proven on the balance of probabilities.

Principles of natural justice If an adjudicator breaches the rules of natural justice during the adjudication then the decision may be a nullity if the breach is serious. There are three well-known facets to the principle of natural justice: • no one should be a judge in their own cause • a party should be informed of the allegations against it and be given an opportunity to answer those allegations • a party is entitled to have its case heard by an unbiased and impartial tribunal In practice, a dispute concerning the first of these three facets of natural justice type is extremely unlikely to arise in a construction adjudication. If there were any sign that an adjudicator had to decide on the propriety of their own conduct, the adjudicator would most likely resign. For information on an adjudicator's resignation, see Practice Note: Resignation by the adjudicator. The courts have given guidance as to what is required for a breach of natural justice on a number of occasions. The key Court of Appeal

This Practice Note deals with breach of police bail conditions and failure to surrender to the police station or to court following release on bail from the police station. For information on police bail generally, see Practice Notes: Police bail, Applicable bail period and How to make representations for bail at the police station. Breach of pre-charge bail conditions Where a police officer has reasonable grounds for believing that conditions imposed on pre-charge bail have been breached, they can arrest the suspect without the need for a warrant. However, breach of a pre-charge bail condition is not itself a criminal offence. Once in detention, a decision must be made as to whether the suspect can be charged with the offence for which they were originally bailed or whether to re-release them on bail. Upon arrival at the police station, the PACE 1984 clock (the 24-hour detention period) continues from the last time the suspect was in custody. However, three hours are added to the clock to give the police more time to seek a charging decision

Breach of promise describes a failure to fulfil a legally enforceable promise, typically arising where a party does not perform obligations created by a contract, deed or clear undertaking relied on by another. In modern UK and Irish practice the concept is usually analysed through contract law (breach of contract) or, in some circumstances, estoppel or misrepresentation, rather than as a standalone cause of action.Historically, “breach of promise of marriage” was a recognised action, but this has been abolished in England and Wales and Northern Ireland, and is not generally available in Scotland or Ireland. Today, references to breach of promise in litigation, legal correspondence or advice usually concern:- a contractual promise (e.g. failure to pay, supply, complete a transaction or honour a settlement); or - a non‑contractual assurance giving rise to reliance-based remedies.Across England and Wales, Scotland, Northern Ireland and Ireland, key issues include: whether a legally binding promise exists, the scope of that promise, breach, causation, and the appropriate remedy (damages, specific performance, injunction or other relief). Usage is broadly consistent, but terminology in pleadings is normally “breach of contract” rather than “breach of promise”.

Breach of restraint order A breach of a restraint order issued under section 41 of the Proceeds of Crime Act 2002 (POCA 2002) constitutes a civil contempt of court, and will be treated as such (as in OB v Director of the Serious Fraud Office). However, sanctions imposed for civil contempt of court as a result of breaching such an order do not prevent a relevant law enforcement agency (usually the applicant for such restraint orders) from pursuing criminal charges, including the offence of perverting the course of justice. In R v Kenny, the court considered it ‘fanciful to suppose that a person contemplating disobedience of a restraint order act[s] on the basis that they will only be punished for contempt of court’. The warning from this authority is therefore that there should be no legitimate expectation that a breach of a restraint order will only result in a civil contempt of court. The court also emphasised in R v Kenny that, depending on the circumstances

IP analysis: This analysis considers the Court of Justice’s preliminary ruling on the question of whether a breach of a contractual licence for the use of computer software can constitute copyright infringement and accordingly whether it falls within the concept of ‘infringement of intellectual property rights’ pursuant to Directive 2004/48. The preliminary ruling considers the appropriate interpretation of Directives 2004/48 and 2009/34 in relation to this question and deals with the Directives’ compatibility with France’s national law, in particular the principle of non-cumulation which prevents a party from bringing a claim in tort where there is a claim in contract. Written by Nicole Bollard, barrister, at 3PB Barristers.

The tort of breach of statutory duty arises where a statute, which has as its main objective the imposition of a regulatory or criminal law framework, also gives rise to duties in tort.