The complainer had given an undertaking in proceedings for his sequestration at the instance of Robert Younger Ltd. The company lodged a minute seeking his apprehension for its breach as a contempt of court. The sheriff ordered the apprehension of the complainer and subsequently held that he was in breach of the undertaking and sentenced him to a period of imprisonment. The complainer challenged his imprisonment in a bill of suspension and liberation, which came before the Justiciary Appeal Court.
Held: The Appeal Court remitted the remainder of his sentence, but held that breach of an undertaking would constitute contempt of court.
[1955] JC 28
Scotland
Cited by:
Approved – Beggs v Scottish Ministers HL 7-Feb-2007
The claimant, a serving prisoner, had sought to sue the prison authorities for the conditions in which he was kept. He complained that his correspondence with his lawyers had been unlwafully opened by the prison. Repeatedly, undertakings were given . .
Cited – Clarke v Fennoscandia Ltd and others (Scotland) HL 12-Dec-2007
After being awarded costs in proceedings in the US, the defendants chased the claimant for their costs in Scotland. He sought an interdict saying that the judgment had been obtained by fraud. The defendant had give an undertaking not to pursue the . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 11 November 2021; Ref: scu.248819