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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Contempt of Court - From: 1999 To: 1999

This page lists 19 cases, and was prepared on 02 April 2018.

 
Re M (A Minor) Contempt of Court: Committal of Court's Own Motion) [1999] Fam 263
1999


Contempt of Court
The court emphasised the need for time for reflection before making an order for committal for contempt.
1 Citers



 
 In Re M (A Minor) (Contact Order: Committal); CA 13-Jan-1999 - Gazette, 13 January 1999
 
In Re M (A Minor) Gazette, 10 February 1999
10 Feb 1999
CA

Contempt of Court
Contempt may be used by a circuit judge of his own motion in order to enforce a contact order but should be used in exceptional and urgent cases only and the judge who initiates contempt proceedings should not also adjudicate on the motion for committal.


 
 Bird v Hadkinson; ChD 4-Mar-1999 - Times, 07 April 1999; [1999] BPIR 653
 
Grupo Tarras Sa and Another v Al Sabah and others Times, 30 March 1999
30 Mar 1999
CA

Contempt of Court
A person accused of contempt of court should be allowed to call witnesses. Those called are his witnesses and not those of the judge and should be treated accordingly. This applied even where the contemnor had refused to take any further part in the case.


 
 Federal Bank of Middle East Limited v Hadkinson and others; CA 22-Apr-1999 - Times, 28 May 1999; Gazette, 16 June 1999; [1999] EWCA Civ 1232
 
Julie Ann Burne Against Johnny Dave Burne [1999] EWCA Civ 1380
11 May 1999
CA

Contempt of Court, Family
Appeal against sentence for breach of non-molestation order.
[ Bailii ]
 
P v P (Contempt of Court: Mental Capacity) Times, 21 July 1999
21 Jul 1999
CA

Contempt of Court
To establish that an act was in contempt of court in breaching a court order, the act in breach was necessary, but after that only that the act was wilful and deliberate and knowingly in breach of the order. It is not necessary to show a wilful intention to breach the court order. Where the contemnor, having a mental disability, did not have a full understanding of the order, an awareness of the nature of the prohibited acts, and the prohibition may yet be sufficient.

 
Anthony Francis Riou Benson v Samantha Jane Richards [1999] EWCA Civ 1919
22 Jul 1999
CA

Contempt of Court

[ Bailii ]

 
 Her Majesty's Attorney-General v Guardian Newspapers Ltd; Admn 23-Jul-1999 - [1999] EWHC Admin 730; [1999] EWHC Admin 731; [1999] EMLR 905
 
Mayor and Burgesses of London Borough of Enfield v D B (a Minor) (By her Litigation Friend, the Official Solicitor of the Supreme Court) and W B [1999] EWCA Civ 1982
27 Jul 1999
CA

Contempt of Court, Housing

[ Bailii ]
 
Pet and Complaint of Abdelbasset Ali Mohamed Al Megrahi and Al Amin Khalifa Fhima v Times Newspapers Ltd and John Witherow and Nicholas Rufford [1999] ScotHC 202
10 Aug 1999
HCJ
Lord Justice Clerk and Lord Coulsfield and Lord Caplan
Scotland, Contempt of Court, Media

1 Citers

[ Bailii ] - [ ScotC ]
 
Adam Phones Ltd v Goldschmidt and Others Times, 17 August 1999; [1999] 4 All ER 486
17 Aug 1999
CA
Jacob J
Litigation Practice, Contempt of Court
Especially given the new emphasis on proportionality, a party who brought contempt proceedings, in the case of an inadvertent breach of an injunction, with a view solely to creating costs for the other party, could expect to face those costs themselves. It was unwise to execute a complex search and seize order on a Saturday when the defendant would not have access to legal advice, and with no supervising solicitor. The mental element required of a contemnor is not that he either intends to breach or knows that he is breaching the court order or undertaking, but only that he intended the act or omission in question, and knew the facts which made it a breach of the order.
Jacob J, applying Bhimji, said: "Since that judgment the Civil Procedure Rules have come into force. Their emphasis on proportionality and on looking at the overall conduct of the parties emphasises the point that applications for committal should not be seen as a way of causing costs when the defendant has honestly tried to obey the court's order."
Civil Procedure Rules
1 Cites

1 Citers



 
 Federal Bank of the Middle East Limited v Charles Hadkinson and Others; ChD 20-Oct-1999 - Times, 07 December 1999; Gazette, 25 November 1999; [1999] EWHC Ch 201

 
 Malgar Ltd v R E Leach Engineering Ltd; ChD 1-Nov-1999 - Times, 17 February 2000; 1999 WL 1048312; [2000] FSR 393; [1999] EWHC 843 (Ch); [2000] CP Rep 39
 
Memory Corporation Plc, Datrontech Hong Kong Limited v Sukhbir Singh Sidhu, Sunsar Limited [1999] EWHC Ch 197
3 Nov 1999
ChD
Arden J
Contempt of Court

1 Cites

1 Citers

[ Bailii ]
 
Regina v Lewis and others Times, 04 November 1999
4 Nov 1999
CACD

Contempt of Court
A judge should usually consider retiring to his chambers when faced with a disturbance in his court. Such events occurring in his absence are less likely to lead to misjudgments about how the matter should be dealt with and can often defuse a situation.

 
Gulf Azov Shipping Company Ltd and Another v Idisi and others [1999] EWHC 283 (Comm)
26 Nov 1999
ComC
Langley J
Litigation Practice, Contempt of Court
Application to deny to defendants the right to file evidence on application to set aside summary judgment where they were in contempt of court.
ComC Applications by claimant for summary judgment and an order prohibiting the defendant from submitting evidence (i) opposing application for summary judgment or (ii) in support of its own application to set aside a judgment in default of defence; application by defendant to set aside judgment in default. Contempt of court – worldwide freezing order against defendant– breach of disclosure order - jurisdiction of the court to prohibit a contemnor from participation in proceedings in the same action in which the orders of which he is in contempt were made.
1 Citers

[ Bailii ]

 
 Memory Corporation v Sidhu (No 2); CA 3-Dec-1999 - Times, 15 February 2000; Gazette, 27 January 2000; Times, 03 December 1999; [2000] EWCA Civ 9; [2000] 1 WLR 1443
 
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