To establish a contempt of court it is not necessary to show an intention to disobey the court order. Warrington J said: ‘In my judgment, if a person or a corporation is restrained by injunction from doing a particular act, that person or corporation commits a breach of the injunction, and is liable for process for contempt, if he or it in fact does the act, and it is no answer to say that the act was not contumacious in the sense that, in doing it, there was no direct intention to disobey the order.’
Judges:
Warrington J
Citations:
[1910] 2 Ch 190
Jurisdiction:
England and Wales
Cited by:
Cited – ABC and Others v CDE and Others QBD 3-Nov-2009
The first claimant sought committal of the first defendant for contempt of court, alleging breach of a freezing order, saying that the defendant had created a sham debt and repaid it.
Held: There had been no genuine loan agreement, and the . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 15 May 2022; Ref: scu.377367
