Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

Full Story

New Law Journal, 7th July 2017


High Court judge throws out application to commit council housing officers – Local Government Lawyer

Posted May 26th, 2017 in committals, housing, judicial review, news by tracey

‘A man who sought to make a committal application against Royal Borough of Greenwich housing officers has had a series of judicial review applications dismissed as without merit and been ordered to pay costs.’

Full story

Local Government Lawyer, 25th May 2017


Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

Full story

Local Government Lawyer, 19th May 2017


Non-payment of Council Tax – Local Government Law

Posted January 26th, 2017 in appeals, committals, council tax, debts, local government, magistrates, news, regulations by tracey

‘In R (Woolcock) v Bridgend MC (2017) EWHC 34 (Admin) Lewis J quashed a suspended committal order, pursuant to Regulation 47 of the Council Tax (Administration and Enforcement) Regulations 1992, because no proper means assessment had been carried out and the suspension period was manifestly excessive.’

Full story

Local Government Law, 23rd January 2017


Magistrates struggle (again) with the use of imprisonment for non-payment of council tax – by Sam Genen and Sophie Walker – UK Human Rights Blog

‘There is an exceedingly long line of case law, stretching back beyond the days of the community charge (which was of course better known as the Poll Tax). In those cases, the courts have traditionally quashed custodial orders improperly imposed by magistrates for non-payment of council taxes.’

Full story

UK Human Rights Blog, 23rd January 2017


Committal Applications in the Absence of the Defendent: Two Recent Cases, By Ashley Cukier – Littleton Chambers

Posted November 9th, 2016 in committals, disclosure, evidence, loans, news by sally

‘Ashley Cukier considers two recent judgments of the High Court (Alfa Bank v Reznik [2016] EWHC B21 (Comm) and Taylor v Van Dutch Marine & Others [2016] EWHC 2201 (Ch)), which demonstrate the courts’ willingness, if the circumstances justify it, to hear committal applications in the absence of the defendant.’

Full story

Littleton Chambers, 6th October 2016


Swindon Borough Council v Webb (trading as Protective Coatings) – WLR Daily

Swindon Borough Council v Webb (trading as Protective Coatings) [2016] EWCA Civ 152

‘Whilst hesitating to be prescriptive in a matter where the liberty of the subject is at stake, and where the circumstances are likely to be infinitely various, the procedure provided by CPR r 81.31 should be followed where a contemnor seeks his discharge before the expiry of his sentence (para 23).’

WLR Daily, 16th March 2016


R (James) v HM Prison Birmingham and others – WLR Daily

R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59

‘There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.’

WLR Daily, 9th February 2015


A spectacularly Misleading Case – nested in a real one – UK Human Rights Blog

‘Hamblen J observed that “the facts…are so extraordinary that they could have come from one of A.P. Herbert’s “Misleading Cases”. Yes indeed. A solicitor decided to make up three years of litigation, writing some fake judgments, pretending to instruct barristers, and churning out fictitious correspondence.’

Full story

UK Human Rights Blog, 25th November 2014


Coll v Floreat Merchant Banking Ltd and others (Eggesbo and others, Part 20 defendants) (Solicitors Regulatory Authority intervening) – WLR Daily

Posted June 11th, 2014 in committals, contempt of court, law reports, solicitors, undertakings by sally

Coll v Floreat Merchant Banking Ltd and others (Eggesbo and others, Part 20 defendants) (Solicitors Regulatory Authority intervening) [2014] EWHC 1741 (QB); [2014] WLR (D) 247

‘Whilst there was no specific test for granting permission to make an application for committal for breach of a solicitor’s undertaking, where there was no reasonable prospect of the applicant proving that the relevant solicitor had breached an undertaking, and there was no other good reason to allow the application to proceed, permission should not be granted.’

WLR Daily, 3rd June 2014


Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others: [2014] EWCA Civ 715; [2014] WLR (D) 239

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 23rd May 2014


Faster justice as unneccessary committal hearings are abolished – Ministry of Justice

Posted May 29th, 2013 in committals, courts, delay, news by sally

“Serious criminals will face justice as soon as possible with the abolition of committal hearings Justice Minister Damian Green said today.”

Full story

Ministry of Justice, 28th May 2013


Committal Applications in financial remedy proceedings: when, how and why to make one – Zenith Chambers

“An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half of this time will be served, and that the time served doesn’t actually produce any cash for the creditor, the obvious question for the person seeking to
enforce the order is ‘what is the point?’. In fact, the Court of Appeal said as much in the case of Mubarak in 2000; ‘I doubt whether experienced specialist practitioners will think that it has sufficient value for money to be worth its initiation.'”

Full story (PDF)

Zenith Chambers, 16th May 2013


Housing and the CPR: A Factual and Speculative Account of Amendments Past and Present – Zenith Chambers

Posted December 4th, 2012 in appeals, civil procedure rules, committals, housing, news by sally

“The Civil Procedure (Amendment No.2) Rules 2012 came into force on 1st October 2012. These Amendments cover many aspects of the CPR. This article only considers those amendments which a housing practitioner is likely to encounter.”

Full story (PDF)

Zenith Chambers, 27th November 2012


Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158; [2012] WLR (D) 355 – WLR Daily

Posted November 30th, 2012 in committals, Crown Court, law reports, magistrates, sentencing by tracey

Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158;   [2012] WLR (D)  355

“Where an offender was committed to the Crown Court by the magistrates’ court under paragraph 11(2)(a) of Schedule 12 to the Criminal Justice Act 2003 to be dealt with in respect of the commission of an offence committed during the operational period of a suspended sentence imposed by the Crown Court, the Crown Court’s sentencing powers in relation to other offences in respect of which the offender was committed under section 6(2) of the Powers of Criminal Courts (Sentencing) Act 2000 were limited by section 7(1) of the 2000 Act to those of the magistrates’ court.”

WLR Daily, 27th November 2012


JSC BTA Bank v Ablyazov – WLR Daily

Posted November 9th, 2012 in committals, contempt of court, disclosure, human rights, jurisdiction, law reports by tracey

JSC BTA Bank v Ablyazov: [2012] EWCA Civ 1411;   [2012] WLR (D)  308

“The court had jurisdiction to make an order barring a defendant, who had absconded following his committal for contempt, from defending the claims against him unless within a stated period he both surrendered to custody and made proper disclosure of all his assets and dealings with them.”

WLR Daily, 6th November 2012


More committal hearings abolished – Ministry of Justice

Posted November 6th, 2012 in committals, courts, news by sally

“Criminals will face justice far more quickly as court committal hearings are abolished in dozens of areas of England and Wales from today [5 November].”

Full story

Ministry of Justice, 5th November 2012


Law Society v McPhail – WLR Daily

Posted February 15th, 2011 in committals, contempt of court, law reports, Law Society by sally

Law Society v McPhail [2011] WLR (D) 45

“In the interests of fairness, a person charged with contempt of court whose liberty was therefore at stake should be able to appear at a hearing to answer points raised by his accusers.”

WLR Daily, 14th February 2011


Broomleigh Housing Association Ltd v Okonkwo – WLR Daily

Posted October 14th, 2010 in civil procedure rules, committals, law reports by sally

Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113; [2010] WLR (D) 251

“If, following an application by a creditor for an order to gain information from a judgment debtor, the debtor failed to attend court the judge should not use a committal order, even when suspended, as little more than a vehicle for fixing a date for an effective adjourned hearing. A judge had a discretion whether to make such an order and should exercise it, and be seen to exercise it, with due regard to its seriousness.”

WLR Daily, 13th October 2010


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re B (Minors) (Contact order: Enforcement) – Times Law Reports

Posted March 19th, 2009 in committals, contact orders, contempt of court, jurisdiction, law reports by sally

In re B (Minors) (Contact order: Enforcement)

Court of Appeal

“Where a local authority was in breach of a contact order, it was enforceable by committal for contempt of court.”

The Times, 19th March 2009


Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.