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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. Â |
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Contempt of Court - From: 1995 To: 1995This page lists 18 cases, and was prepared on 02 April 2018.   Attorney General v Independent Television News and Others; CA 1995 - [1995] 2 All ER 370  Bokharia v Blessed Ind Summary, 16 January 1995 16 Jan 1995 CA Contempt of Court, Litigation Practice The laws of contempt of court apply just as much in arbitration proceedings in chambers as in other proceedings. County Courts Act 1984 118  Regina v Bromell Times, 09 February 1995 9 Feb 1995 CACD Criminal Practice, Contempt of Court A person facing a charge of contempt must be given opportunity to obtain representation even in an apparently blatant case.  Peach Grey and Co (A Firm) v Sommers Ind Summary, 13 March 1995; Times, 16 February 1995; Gazette, 29 March 1995 16 Feb 1995 QBD Contempt of Court An Industrial Tribunal is an inferior court exercising judicial finctions and a contempt can be punished in the divisional court.  Regina v Bromwell Ind Summary, 06 March 1995 6 Mar 1995 CACD Contempt of Court Urgency of dealing with contemnor mustn't deprive him of right of representation.  Hudson v Hudson Ind Summary, 18 April 1995; Times, 23 March 1995; [1996] 1 FCR 19 23 Mar 1995 CA Contempt of Court The defendant withdrew and spent £20,000 in breach of a Mareva injunction Held: A sentence of nine months imprisonment was not excessive for a flagrant breach of matrimonial court order. 1 Citers  Harrow London Borough Council v Johnstone Times, 31 March 1995 31 Mar 1995 CA Contempt of Court, Housing A local authority was denied a possession order against a Husband when the Wife who had been excluded from the property by a court order surrendered the tenancy. 1 Cites 1 Citers   McCann v Wright; CA 10-Jul-1995 - Times, 10 July 1995; Ind Summary, 17 July 1995; Gazette, 19 July 1995   Connolly v Dale; QBD 11-Jul-1995 - Times, 13 July 1995; [1996] QB 120; [1995] 3 WLR 786; [1996] 1 Cr App R 200; Independent, 27 July 1995; [1996] 1 All ER 224  Keeber v Keeber Times, 14 July 1995 14 Jul 1995 CA Contempt of Court Contempt proceedings in civil court not to await criminal outcome on same facts.  Burris v Azadani [1995] EWCA Civ 50 27 Jul 1995 CA Contempt of Court [ Bailii ]  Regina v Attorney General, ex Parte Taylor and Another Independent, 03 August 1995; Times, 14 August 1995 3 Aug 1995 QBD Contempt of Court, Judicial Review The Attorney General's decisions on the institution of contempt proceedings are not properly subject to judicial review.  Regina v Westminster City Council Ex Parte Castelli Times, 14 August 1995; [1995] 7 Admin LR 840 14 Aug 1995 QBD Latham J Contempt of Court, Media An applicant, who was HIV positive, wished his identity to be concealed. Held: Some publicity had already occurred A Contempt of Court anonymity order was not to be used to protect a litigant's privacy. Contempt of Court Act 1981 11 1 Cites 1 Citers   Coca-Cola Co and Another v Gilbey and Others; ChD 10-Oct-1995 - Times, 28 November 1995; Independent, 10 October 1995  Delaney v Delaney Ind Summary, 27 November 1995; Times, 02 November 1995; [1996] QB 387 2 Nov 1995 CA Sir Thomas Bingham MR, Balcombe LJ Contempt of Court A County Court judge has no power to imprison a contemnor pending a sentence decision. Time spent in custody awaiting trial for contempt would not automatically be set off against the final sentence. Proceedings for contempt can be restored after sentence so that consideration could be given to whether the contemnor had purged his contempt. Sir Thomas Bingham MR said: "the enforcement of orders is the prime object and the personal circumstances of the contemnor are a relatively minor consideration". Sir Thomas Bingham MR differentiated contempts in the face of the court, saying: "I should make absolutely plain that in the course of his submissions Mr Munby put entirely on one side contempts in the face of the court. Those are the subject of special provisions in the lower courts, section 118(1) of the County Court Act 1984 governing the position in the county court and section 12(1) of the Contempt of Court Act 1981 governing the position in the magistrates' court. A power has long been exercised by the superior courts to detain those committing or apparently committing contempts in the face of the court until the rising of the court on the day of the alleged contempt and there is no reason to doubt the existence of that inherent power. It has, however, no bearing on the present situation which was not such a contempt" Contempt of Court Act 1981 14(1) 1 Citers  In Re B (A Minor) (Contempt Evidence); Re B (Contempt of Court: affidavit: evidence) Times, 15 November 1995; [1996] 1 WLR 626 15 Nov 1995 FD Contempt of Court Respondents in contempt proceedings to file affidavit evidence to prepare case. 1 Citers  Bah and Another v Walters and Another: Re Bah (A Minor) Ind Summary, 04 December 1995 4 Dec 1995 FD Contempt of Court Court may order defendant on contempt proceedings to swear affidavit before trial.  Re B ( A Minor)(Contempt: Evidence) Gazette, 06 December 1995 6 Dec 1995 FD Contempt of Court The lack of an obligation on an alleged contemnor to testify did not mean that he could avoid providing an affidavit. 1 Citers  |
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