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Contempt of Court - From: 1993 To: 1993
This page lists 15 cases, and was prepared on 02 April 2018.
In Re Hooker [1993] COD 190
1993
Admn
Magistrates, Criminal Practice, Contempt of Court
Administration of Justice Act 1960 13
1 Citers
Regina v Schofield (1993) CLR 217
1993
CACD
Criminal Practice, Contempt of Court
After the jury's verdict a juror asked the bailiff if the jury could have asked a question, and on receiving an affirmative response, the juror went on to say that the jury had not understood the offence of affray and had written a note to that effect. Such a note was found in the jury room, and the court was invited to consider what transpired between the juror and the bailiff, but the argument was rejected on the ground that to give any meaning to that conversation it would be necessary to lift the veil of secrecy from the jury room and enquire what had happened within.
1 Citers
Director of Public Prosecutions v Channel 4 Television Company Limited and Another; 1993 - [1993] 2 ALL ER 517
Regina v Lennock; CACD 16-Mar-1993 - Times, 16 March 1993; Gazette, 02 June 1993
Jones v Jones Times, 23 March 1993
19 Mar 1993
CA
Russell, Simon Brown LJJ, Sir Michael Fox
Family, Contempt of Court
H appealed against his sentence of six months imprisonment for contempt of court in breaching a non-molestation order. Held: Whilst Ansah could not be used to establish a principle that imprisonment for contempt should be a last resort only, the sentence here could be reduced to three months. The use of committal orders in contempt cases in family proceedings need not necessarily only be in the last resort.
1 Cites
Canadian Imperial Bank of Canada v Batessa Unreported, 21 April 1993
21 Apr 1993
Contempt of Court
Where a breach was alleged of a freezing order made as to assets below a certain minimum, the onus of establishing that assets existed fell on the putative contemnor.
1 Citers
Guildford Borough Council v Valler and Others Times, 18 May 1993
18 May 1993
QBD
Contempt of Court
Imprisonment or sequestration of assets was a proper remedy for a deliberate contempt of court.
1 Cites
1 Citers
Burton v Winters; CA 2-Jun-1993 - Gazette, 02 June 1993; [1993] 1 WLR 1077; [1993] 3 All ER 847
In Re Supply of Ready Mixed Concrete (No 2) Times, 08 July 1993; Independent, 14 July 1993
8 Jul 1993
CA
Company, Contempt of Court, Commercial
An employer was not liable for its employee's action in contempt of court against the company's clear instructions with regard to anti-competitive agreements.
1 Cites
1 Citers
M v Home Office and Another; In re M Times, 28 July 1993; Gazette, 13 October 1993; Independent, 28 July 1993; [1994] 1 AC 377; [1993] 3 WLR 43; [1993] UKHL 5; [1993] 3 All ER 537
28 Jul 1993
HL
Lord Woolf, Lord Donaldson of Lymington MR
Litigation Practice, Judicial Review, Contempt of Court, Constitutional
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would not be removed. He was removed in breach of the undertaking, which counsel then did not accept he had given. The judge ordered the return of M to this country. The respondent said the court had no power either of mandamus or in contempt against the Crown. Held: A court can grant a final and or an interim injunction against the Crown, and the Crown and ministers of the Crown, are not immune to contempt proceedings for breach of an injunction.
Section 21 of the 1947 Act did not prevent an injunction being granted in a situation in which it could have been granted prior to the Act and section 31(2) of the Supreme Court Act 1981 gave jurisdiction to the court on applications for judicial review to grant injunctions, including interim injunctions, against ministers and other officers of the Crown. The effect of the 1947 Act was that it is only in those situations where prior to the Act no injunctive relief could be obtained that section 21 prevents an injunction being granted. This was the least that could be expected from legislation intended to make it easier for proceedings to be brought against the Crown.
Lord Templeman said: "My Lords, the argument that there is no power to enforce the law by injunction or contempt proceedings against a minister in his official capacity would, if upheld, establish the proposition that the executive obey the law as a matter of grace and not as a matter of necessity, a proposition which would reverse the result of the Civil War. For the reasons given by my noble and learned friend, Lord Woolf, and on principle, I am satisfied that injunctions and contempt proceedings may be brought against the minister in his official capacity and that in the present case the Home Office for which the Secretary of State was responsible was in contempt."
Lord Templeman criticised "the proposition that the executive obey the law as a matter of grace and not as a matter of necessity [as] a proposition which would reverse the result of the Civil War". The proposition that a member of the executive can actually overrule a decision of the judiciary because he does not agree with that decision is equally remarkable, even if one allows for the fact that the executive's overruling can be judicially reviewed. Indeed, the notion of judicial review in such circumstances is a little quaint, as it can be said with some force that the rule of law would require a judge, almost as a matter of course, to quash the executive decision.
Crown Proceedings Act 1947 21 - Supreme Court Act 1981
1 Cites
1 Citers
[ Bailii ]
Coe v Central Television and Another; CA 11-Aug-1993 - Independent, 11 August 1993
Guildford Borough Council v Valler, Smith and Others Ind Summary, 01 November 1993; Times, 15 October 1993; [1994] JPL 734
15 Oct 1993
CA
Staughton LJ
Contempt of Court, Contract
The use of the power of the High Court to commit a contemnor was discretionary but may be exercised for a negligent failure.
1 Cites
1 Citers
Caribbean General Insurance Co Ltd v Frizzell Insurance Brokers Gazette, 19 January 1994; Times, 04 November 1993
4 Nov 1993
CA
Litigation Practice, Contempt of Court
The judge was wrong to re-instate a case after there had been repeated breaches of unless orders by the plaintiff. Peremptory orders of the court must be obeyed unless excusable.
1 Cites
1 Citers
Blackburn and Others v Bowering and Another Times, 05 November 1993; [1994] 1 WLR 1324
5 Nov 1993
CA
Sir Thomas Bingham MR
Crime, Contempt of Court
It was self defence if the defendant honestly believes the victim was not an officer of court. The issue was the genuineness of the belief, not its reasonableness.
County Court Act 1984 14(1)(b)
1 Cites
1 Citers
Villiers v Villiers Ind Summary, 27 December 1993
27 Dec 1993
CA
Contempt of Court
'Occasion' in the section means the occasion of committal - includes earlier sent.
Contempt of Court Act 1981 14(1)