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, the language of paragraph 28 of the PD, it seems to me that a party in county court proceedings is entitled to come to the Divisional Court under RSC Order 52 and obtain from the Divisional Court an order of committal to prison or other penalty and is not obliged to follow the procedure in para. 28 of the PD to Rule 32. ‘
Judges:
Hooper LJ, Kenneth Parker J
Citations:
[2010] EWHC 1849 (Admin), [2010] CP Rep 42, [2010] ACD 87
Links:
Statutes:
County Courts Act 1984 118, Contempt of Court Act 1981 14(1), Civil Procedure Rules 32.14
Jurisdiction:
England and Wales
Citing:
Cited – Daltel Europe Ltd and others v Makki and others CA 28-Feb-2006
The defendant had breached freezing orders and had verified statements put before the court without honestly believing them. He now challenged the subsequent contempt proceedings saying that they were criminal within section 25 of the 1988 Act and . .
Cited – KJM Superbikes Ltd v Hinton CA 20-Nov-2008
The claimant had been sued for the misuse of trademarks by selling motorcycles imported via a parallel market. It claimed that the defendant had filed false evidence in that action, and now appealed a refusal by the judge to bring contempt . .
Cited – Malgar Ltd v R E Leach Engineering Ltd ChD 1-Nov-1999
The Civil Procedure Rules could not change the substantive law. It therefore remained necessary for it to be shown that in addition to knowing that what was said was false, the party had to have known that what was being said was likely to interfere . .
Cited – Kirk v Walton QBD 24-Jul-2008
The defendant sought leave to bring proceedings for contempt of court against the claimant saying that she had had no honest belief in the matters deposed in her statement of truth, in that she had substantially exaggerated her injuries.
Held: . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 20 December 2022; Ref: scu.421050