Three cases on contempt of court and what they mean for commercial fraud litigation – Radcliffe Chambers

Posted May 29th, 2020 in abuse of process, committals, contempt of court, fraud, news by sally

‘Recent weeks have seen a spate of decisions on contempt of court. Most are sentencing cases and thus of little general interest since they turn on their facts. However, 3 cases do raise issues of general principle which not infrequently arise in the commercial fraud context.’

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Radcliffe Chambers, 19th May 2020

Source: radcliffechambers.com

General Medical Council and Professional Standards Authority for Health and Social Care v Dr Zafar – Old Square Chambers

‘The High Court has held that a Court of Appeal judgment in a Civil Contempt sentence appeal involving the Respondent although it did not increase the Respondent doctor’s sentence for contempt but led to a finding of undue lenience should have been put before the Medical Practitioners Tribunal (MPT) when considering the sanction for the admitted Contempt. This is despite the General Medical Council (GMC), which exercised its right of appeal under section 40A of the Medical Act 1983 to bring the case before the High Court, having agreed not to put the judgment before the MPT prior to and during the MPT proceedings.’

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Old Square Chambers, 8th April 2020

Source: www.oldsquare.co.uk

High Court strikes off medical reports doctor for contempt – Litigation Futures

‘A doctor who received a suspended sentence for contempt of court over a false medical report has been erased from the medical register by the High Court.’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

The Court of Appeal reviews the right to silence in cases of contempt – Doughty Street Chambers

Posted March 26th, 2020 in appeals, chambers articles, contempt of court, news, notification by sally

‘The Court of Appeal today [17 March] handed down judgment in Andreewitch v Moutreuil [2020] EWCA Civ 382. The courts have long since recognised the “absolute right of a person accused of contempt to remain silent” (Comet v Hawkex [1971] 2 QB 67). The Andreewitch judgment establishes that a judge must warn alleged contemnors of that right before they give oral evidence.’

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Doughty Street Chambers, 17th March 2020

Source: insights.doughtystreet.co.uk

Judges to have wider powers in contempt rules rewrite – Litigation Futures

Posted March 11th, 2020 in civil procedure rules, contempt of court, court dress, judiciary, news by tracey

‘Judges could be handed wider powers to take the initiative over contempt of court in draft rules proposed by the Civil Procedure Rule Committee (CPRC).’

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Litigation Futures, 11th March 2020

Source: www.litigationfutures.com

Claimant who sued over pothole injury given suspended sentence after evidence of extreme sports participation – Local Government Lawyer

‘Walsall Council has successfully prosecuted a man who falsely claimed significant compensation following an injury when falling in a pothole.’

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Local Government Lawyer, 17th February 2020

Source: www.localgovernmentlawyer.co.uk

Contempt and pre-action conduct – Law Society’s Gazette

‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’

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Law Society's Gazette, 13th January 2020

Source: www.lawgazette.co.uk

Tribunal savages SRA witnesses as prosecution left in tatters – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has savaged two witnesses who gave evidence on behalf of the Solicitors Regulation Authority (SRA) against a Yorkshire sole practitioner.’

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Legal Futures, 12th December 2019

Source: www.legalfutures.co.uk

Alleged tout given suspended sentence over sale of Wimbledon tickets – The Guardian

Posted December 2nd, 2019 in consumer protection, contempt of court, news, sentencing, suspended sentences by sally

‘An alleged tout who said he would rather go to prison than “grass up” his boss, who prosecutors claim is a reality TV star, has been handed a six-month suspended prison sentence over the sale of Wimbledon tickets.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Appeal court allows contempt proceedings based on pre-action witness statements – Law Society’s Gazette

‘The Court of Appeal has allowed a holiday company to bring contempt proceedings against two holiday-makers based on statements made before proceedings were even issued.’

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Law Society's Gazette, 14th November 2019

Source: www.lawgazette.co.uk

Police officers charged over Dalian Atkinson death named after force loses bid to protect their identities – Daily Telegraph

Posted November 14th, 2019 in anonymity, contempt of court, death in custody, news, police by tracey

‘Two police officers charged over the death of the footballer Dalian Atkinson have been named after their force lost an “unjustified” attempt to protect their identities.’

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Daily Telegraph, 13th November 2019

Source: www.telegraph.co.uk

PAP witness statements “can be grounds for contempt” – Litigation Futures

Posted November 12th, 2019 in civil procedure rules, contempt of court, news, pre-action conduct, witnesses by sally

‘A witness statement verified by a statement of truth made by a prospective claimant before the commencement of proceedings can give rise to contempt, the Court of Appeal has ruled.’

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Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

Expert who “fall short” face “much more robust” response – Litigation Futures

‘Expert witnesses who “fall short of the mark” face a “much more and properly robust” response from the courts, a recently retired Court of Appeal judge has warned.’

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Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

Mentally ill man jailed for yelling racist abuse at judge – Legal Futures

Posted October 29th, 2019 in contempt of court, mental health, news, racism, sentencing by tracey

‘A mentally ill man has been jailed for 10 days for contempt in the face of the court after yelling racist abuse at a judge at Bristol Magistrates’ Court.’

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Legal Futures, 29th October 2019

Source: www.legalfutures.co.uk

Mail on Sunday writer spared jail after recording court hearing on phone – The Guardian

Posted October 24th, 2019 in contempt of court, fines, media, news, sentencing, suspended sentences by sally

‘A Mail on Sunday features writer has been spared jail after blaming “work pressure” for recording a court hearing on her mobile phone.’

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The Guardian, 23rd October 2019

Source: www.theguardian.com

Credit card lie “made PI claimant fundamentally dishonest” – Litigation Futures

Posted October 17th, 2019 in accidents, appeals, contempt of court, damages, deceit, news, personal injuries, taxis by sally

‘A personal injury claimant who lied over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire, was fundamentally dishonest, the High Court has ruled.’

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Litigation Futures, 17th October 2019

Source: www.litigationfutures.com

CA quashes paralegal’s “unfair” contempt sentence – Legal Futures

‘It was “manifestly unfair” for a circuit judge to issue a paralegal with a suspended six-month prison sentence for inadvertently breaching the Family Procedure Rules, the Court of Appeal has ruled.’

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Legal Futures, 17th September 2019

Source: www.legalfutures.co.uk

Suspended Jail Sentences For Campaigners Protesting Site Of UK’s ‘Biggest Fracking Tremor’ – Rights Info

‘Three campaigners who breached an injunction restricting protest at a shale gas site struck by what is believed to be the UK’s biggest fracking tremor have been given suspended prison sentences.’

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Rights Info, 3rd September 2019

Source: rightsinfo.org

Anti-fracking trio given suspended sentences for breaking protest ban – The Guardian

‘Three anti-fracking activists have been given suspended prison sentences after breaking a ban on demonstrations which their lawyers argued “severely curtails the right to protest”.’

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The Guaridan, 3rd September 2019

Source: www.theguardian.com

Solicitor jailed for 14 months for contempt – Legal Futures

Posted August 20th, 2019 in client accounts, contempt of court, news, sentencing, solicitors, undertakings by sally

‘A solicitor has been jailed for 14 months after being found guilty on four counts of contempt of court for breaching undertakings given to the court about missing client money.’

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Legal Futures, 20th August 2019

Source: www.legalfutures.co.uk