The court considered the institution of proceedings for contempt of court based upon an allegation that a document filed in court proceedings and supported by a statement of truth was false. In this case the defendant argued that the first claimant had grossly exaggerated his injuries. The second claimant had come to admit the falsity of the first defendant’s statement and of her own supporting statement.
Held: For an allegation of contempt to succeed it must be shown that ‘in addition to knowing that what you are saying is false, you had to have known that what you are saying was likely to interfere with the course of justice . .’ That standard had been met.
The court set a sentence of 9 months imprisonment for the first defendant after he was found to have verified by his statement of truth exaggerated damages in his personal injuries claim. His dishonesty had been disclosed prior to trial, and he had been ordered to pay costs larger than the damages eventually awarded. The second defendant had admitted her contempt and had character witnesses leading to a sentence of 6 months suspended.
Judges:
Sir Anthony May P, Keith J
Citations:
(2012) 123 BMLR 132, [2012] ACD 2, Lawtel Updates 14 Jul 2011, [2011] EWHC 2324 (Admin), [2011] 4 Costs LO 470
Links:
Citing:
Cited – Malgar Ltd v R E Leach Engineering Ltd ChD 1-Nov-1999
The Civil Procedure Rules could not change the substantive law. It therefore remained necessary for it to be shown that in addition to knowing that what was said was false, the party had to have known that what was being said was likely to interfere . .
Cited by:
Cited – Balli, Re Contempt of Court Act 1981 (No. 2) ChD 15-Jul-2011
The defendant litigant had been found guilty of contempt in the face of court and sentenced to six months’ imprisonment. The contemnor now sought to purge his contempt.
Held: The sentence had been imposed as punishment and not to seek to . .
Cited – Stobart Group Ltd and Others v Elliott QBD 11-Apr-2013
The defendant applied to the court for various officers of the cliamant companies to be subject to contempt proceedings. The claimants asked the court to strike of the defendant’s counterclaim and to make a civil restraint order against him. There . .
Cited – Berry Piling Systems Ltd v Sheer Projects Ltd TCC 28-Feb-2013
The defendant sought permission to bring contempt proceedings against former directors of the claimant company, saying that by means of false evidence they had secured an arbitration verdict.
Held: A reckless disregard for the truth or falsity . .
Cited – London Borough of Havering, Regina (on The Application of) v Bowyer and Others Admn 27-Jul-2012
The court considered the sentencing of defendants for making false claims.
Held: The defendants each received immediate sentences of imprisonment ranging from one month to four months. . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 31 October 2022; Ref: scu.459716