The claimant sought damages after being wrongfully imprisoned for contempt. The judge imposing the sentence: ‘should have recused herself from hearing the committal application, that the procedure adopted in relation to deciding whether there was a breach of the order of 21 March 2014 was incorrect, that there was insufficient evidence to justify a finding that the Claimant was in deliberate breach of the order and, finally, that the procedure adopted in the sentencing exercise was flawed.’
Held: The claim failed: ‘the bar for establishing a claim for damages in this context is necessarily set at a high level. I do not consider that the circumstances of this case cross the threshold thus established.’
Judges:
Foskett J
Citations:
[2015] EWHC 3273 (QB)
Links:
Jurisdiction:
England and Wales
Torts – Other, Contempt of Court
Updated: 04 December 2022; Ref: scu.555026
