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Search Results for: County Courts Act 1984 118
Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010
In each of three cases, the former defendants sought leave to bring claims for contempt of court in respect of what it said were fraudulent claims by the respondents. The defendants argued that a party had first to go to the Attorney General. Held: ‘Notwithstanding the language of Rules 32.14 and 31.23 and, in particular, … Continue reading Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010
Bokharia v Blessed: CA 16 Jan 1995
The laws of contempt of court apply just as much in arbitration proceedings in chambers as in other proceedings. Citations: Ind Summary 16-Jan-1995 Statutes: County Courts Act 1984 118 Jurisdiction: England and Wales Contempt of Court, Litigation Practice Updated: 09 December 2022; Ref: scu.78464
Council of City of Manchester v McCann: CA 16 Nov 1998
A threat made against a witness is clearly an insult within the Act, and a threat made as a witness returns home after court is also a contempt even though not strictly in the face of the Court. Section 118 of the 1984 Act now provides an exhaustive statement of the powers of the County … Continue reading Council of City of Manchester v McCann: CA 16 Nov 1998
Ramet, Re Application for The Committal To Prison: FD 22 Jan 2014
Whilst the judge was delivering her judgment in a child custody dispute the father physically attacked the mother across the well of the court, and a court clerk who came to assist her. He now faced contempt proceedings after being sentenced to imprisonment by the Crown Court.(Orse: Chelmsford County Court v Ramet) Judges: Sir James … Continue reading Ramet, Re Application for The Committal To Prison: FD 22 Jan 2014
Hughes Jarvis Ltd v Searle and Another: CA 15 Jan 2019
The claimant and director appealed from orders associated with a finding of contempt of court. The Director, the case having been adjourned overnight during the course of his evidence, and despite warnings to the contrary had sought to communicate with his solicitors and counsel. He had then been remanded in custody overnight despite that that … Continue reading Hughes Jarvis Ltd v Searle and Another: CA 15 Jan 2019
Delaney v Delaney: CA 2 Nov 1995
A County Court judge has no power to imprison a contemnor pending a sentence decision. Time spent in custody awaiting trial for contempt would not automatically be set off against the final sentence. Proceedings for contempt can be restored after sentence so that consideration could be given to whether the contemnor had purged his contempt. … Continue reading Delaney v Delaney: CA 2 Nov 1995
Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. Held: To grant an injunction without notice is to grant an exceptional remedy. As to hearsay evidence: ‘ the experience … Continue reading Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005
Lloyd v McMahon: HL 12 Mar 1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987
Director General of Fair Trading v First National Bank: HL 25 Oct 2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship. Held: The term was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a … Continue reading Director General of Fair Trading v First National Bank: HL 25 Oct 2001
Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986
References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986
law index
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