The claimant having succeeded in an action against the defendants, now sought an order for their committal for contempt, accusing them of having given false evidence, and of having failed to comply with court orders made. The defendant asserted a right not to incriminate himself, and gave no evidence. He now claimed to have been acting under duress.
Held: Duress required to be shown immediate threats of violence, which remained operative, to which a reasonable person would have taken heed, and an inability to escape the threat. The defendant had failed to establish duress. These proceedings were civil and it was not for the claimant to establish the absence of duress. Evidence of duress in civil contempt proceedings goes merely as a mitigation, and is not a defence. This is not incompatible with the defendants’ human rights. The defendant had not purged his contempt even now, and a sentence of immediate imprisonment of four months was appropriate.
The Honourable Mr Justice Peter Smith
Times 11-Feb-2003, [2003] EWHC 91 (Ch), Times 20-Mar-2003
England and Wales
Citing:
Cited – Comet Products UK Ltd v Hawkex Plastics CA 1971
The court was asked whether a defendant should be cross-examined on an affidavit sworn by him on an application by the plaintiff to commit him for contempt.
Held: The cross-examination was likely to cover issues in the action and on that basis . .
Cited – Cobra Golf Inc and Another v Rata and Others ChD 11-Oct-1996
An Anton Piller order was wrongfully made where it was used in order to get information to found a later prosecution. The privilege against self incrimination is available under Section 14 of the 1968 Act in contempt proceedings despite the fact . .
Cited – Director of Public Prosecutions for Northern Ireland v Lynch HL 1975
The House considered the availability of duress as a defence on a charge of aiding and abetting murder. Referring to the basic elements of criminal liability, mens rea and actus reus: ‘Both terms have, however, justified themselves by their . .
Cited – Regina v Hudson and Taylor CACD 17-Mar-1971
Two teenage girls committed perjury by failing to identify the defendant. When prosecuted they pleaded duress, on the basis that they had been warned by a group, including a man with a reputation for violence, that if they identified the defendant . .
Cited – Regina v Sharpe 1987
A member of a gang of robbers sought to establish a defence of duress. The trial judge had directed the jury ‘but in my judgment the defence of duress is not available to an accused who voluntarily exposes and submits himself to illegal compulsion . . .
Cited – Coca-Cola Co and Another v Gilbey and Others ChD 10-Oct-1995
A defendant in an infringement case was ordered to provide information on his associate co-infringers despite his claimed risk of violence. Such a threat was no defence to an action for contempt of court. Duress in civil cases goes as to mitigation . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court, Evidence
Updated: 06 December 2021; Ref: scu.178786
