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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
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Contempt of Court - From: 1930 To: 1959This page lists 9 cases, and was prepared on 02 April 2018. Re William Thomas Shipping Co, Dillon (HW) and Sons Ltd v The Company, Re Thomas (Sir Robert) [1930] 2 Ch 368 1930 Contempt of Court 1 Cites Ambard v Attorney-General for Trinidad and Tobago [1936] AC 322 1936 PC Contempt of Court, Commonwealth It is competent for Her Majesty in Council to entertain appeals against orders of courts of record overseas imposing penalties for contempt of court. 1 Citers Rex v Davies, Ex parte Delbert-Evans and sub nom Delbert-Evans v Davies and Watson [1945] 2 All ER 167 DC; [1945] 1 KB 435 1945 KBD Humphreys, Oliver JJ Media, Contempt of Court Humphreys J said that there was ample authority for saying that "During the time between the conviction of the accused person on the indictment and his appeal to the Court of Criminal Appeal, the case is not ended at all, but is still sub judice, or pending, to use the expression which had been used in many cases in many other judgments." Oliver J said that contempt can be committed at any time until the case is ended, and that it is not ended until the hearing and decision of an appeal, if there had been an appeal. 1 Citers Redwing Ltd v Redwing Forest Products Ltd [1947] 64 RPC 67 1947 Jenkins J Contempt of Court The court was asked as to an alleged breach of an undertaking given by the defendant not to advertise or offer for sale any products as 'Redwing' products so as to be liable to lead to the belief that they were the plaintiff's. Held: The court will be reluctant to enforce a loosely worded injunction by process of contempt if it clearly cannot be established that its terms have been infringed. There was no breach of the undertaking unless the manner of the advertising or offer were such as to lead to such a belief. Jenkins J said: "a defendant cannot be committed for contempt on the ground that upon one of two possible constructions of an undertaking being given he has broken his undertaking. For the purposes of relief of this character I think the undertaking must be clear and the breach must be clear beyond all question." 1 Citers Corcoran v Corcoran [1950] 1 All ER 495 1950 Contempt of Court The applicant sought his release from prison imposed for contempt of court saying that having returned the child at issue, he had purged his contempt. 1 Citers Hadkinson v Hadkinson; CA 1952 - [1952] P 285; [1952] FLR 287 Graham v Robert Younger Ltd [1955] JC 28 1955 Scotland, Contempt of Court 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. 1 Citers Merricks v Heathcote-Amery [1955] CLY 32 1955 Contempt of Court 1 Citers Multiform Displays v Whitmarley Displays; CA 1956 - [1956] RPC 14 |
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