Using disclosed documents in second action with similar parties may be a contempt, depending significantly upon whether any undertaking, express or implied was given. The court struck out an action where proceedings were commenced in reliance on documents produced on discovery in an earlier action, where the consent of the court had not been obtained prior to the commencement of the second action.
Judges:
Rimer J
Citations:
Times 02-Apr-1996, [1996] 1 WLR 1122
Jurisdiction:
England and Wales
Cited by:
Cited – Preston Borough Council v McGrath CA 12-May-2000
The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him.
Held: The document had not been given to the police under . .
Cited – Di Placito v Slater and others CA 19-Dec-2003
The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action.
Held: When considering whether to discharge such an . .
Cited – Jones, Re (Alleged Contempt of Court) FD 21-Aug-2013
The Solicitor General sought the committal of the respondent for alleged contempt of court. There had been repeated litigation between the respondent and her former husband as to whether the children should live in Spain with the father or in Wales . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 05 June 2022; Ref: scu.83722