The first claimant had requested the committal of a defendant for his alleged failure to comply with undertakings he had given to the court. He now sought an adjournment saying that he had not been advised of the availability of legal aid, and wished to obtain representation.
Held: The adjournment had to be granted, and ‘ I do not consider that Mr Jones can be compelled to be cross-examined or can be put to an election as to whether to rely upon his affidavit evidence or to submit to cross-examination. However, given that very serious allegations of dishonesty, both in respect of attempts to deceive the claimants and attempts to deceive the court, are advanced with some particularity against Mr Jones, if he chooses not to be cross-examined, having received appropriate legal advice, then it may be (and I reach no conclusion on this at the moment) that there is at the very least a risk that the court will draw adverse inferences against him. That is a matter that Mr Jones will need to consider with his legal advisers.’
Henry Carr J
[2019] EWHC 1633 (Ch)
Bailii
England and Wales
Citing:
Cited – King’s Lynn and West Norfolk Council v Bunning QBD 7-Nov-2013
Application for order finding the defendant and others to be in contempt of court in breaching an order as to the use of land for residential purposes.
Held: A committal application has the character of criminal proceedings. The alleged . .
Cited – Inplayer Ltd and Another v Thorogood CA 25-Nov-2014
Appeal against a decision that the first defendant in a chancery action was guilty of two contempts of court by reason of untruthful statements in his affidavit. He complained of procedural irregularities affecting the fairness.
Held: ‘the . .
Cited – Brown v London Borough of Haringey CA 14-May-2015
‘The present appeal once again raises questions of the availability of publicly funded legal representation in proceedings for the committal to prison of individuals said to be in contempt of court in failing to comply with court orders and, if such . .
Cited – Comet Products UK Ltd v Hawkex Plastics CA 1971
The court was asked whether a defendant should be cross-examined on an affidavit sworn by him on an application by the plaintiff to commit him for contempt.
Held: The cross-examination was likely to cover issues in the action and on that basis . .
Cited – Crest Homes Plc v Marks HL 1987
The plaintiffs brought two successive actions against the same defendants (Mr Marks and Wiseoak Homes Ltd) for breach of copyright. They obtained Anton Piller orders in both actions. The documents which the plaintiffs obtained from the defendants in . .
Cited – VIS Trading Co Ltd v Nazarov and Others QBD 18-Nov-2015
Application for the first defendant to be committed for alleged contempt of court for having failed to make disclosure of documents as required by a court order.
Whipple J said: ‘In this case, the extent to which the Defendants are in . .
Cited by:
See Also – Discovery Land Company, Llc and Others v Jirehouse and Others (Penalty) ChD 16-Aug-2019
. .
See Also – Discovery Land Company, Llc and Others v Jirehouse (A Body Corporate) and Others ChD 16-Aug-2019
Request for committal of a defendant, a solicitor, for contempt of court inter alia for breaches of undertakings given personally by him (and his firm) to pay surplus funds from a transaction amounting to $9.3 million or the sterling equivalent into . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Contempt of Court
Updated: 16 December 2021; Ref: scu.639286