swarb.co.uk - law index
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Contempt of Court - From: 1996 To: 1996
This page lists 21 cases, and was prepared on 02 April 2018.
Taylor Made Golf Company Inc v Rata and Rata [1996] FSR 528
1996
Laddie J
Contempt of Court
The defendants had failed to comply with an Anton Piller order which required the disclosure of information, service of affidavits and delivery up of articles and documents. Despite those breaches the plaintiff's solicitors had succeeded in obtaining the relevant information and articles through other means. The defendants admitted contempt and expressed contrition. The costs of the application had been caused entirely by the defendants; the costs incurred by the plaintiff could have been reduced if the defendants had cooperated and complied with their obligations; and there had been clear warnings from the plaintiff's solicitors that the defendants' obduracy was causing increased costs. He had in addition been supplied with a draft bill of costs at which no criticism had been levelled. Held: A fine of �75,000 was imposed. Laddie J said it was for the defendants a swingeing fine, because: "During the course of this application it seemed to me that the penny was beginning to drop as far as these defendants were concerned. I think that they probably now realise the threat of imprisonment is real and that if they breach a court order in the future they probably can expect no mercy. For the moment, it is therefore not necessary for me to impose any custodial sentence but, on the other hand, the breach here was so serious that it must be reflected in a significant financial penalty on the partnership".
1 Citers
Cleveland County Council v L and Others Times, 08 April 1996
14 Mar 1996
CA
Lord Justice Russell, Lord Justice Hirst and Lord Justice Peter Gibson
Contempt of Court, Litigation Practice
There should be no imprisonment of a contemnor without a formal and proper penal notice having first been served.
Rules of the Supreme Court Order 45, rule 7
Miller and Another v Scorey and Others; ChD 2-Apr-1996 - Times, 02 April 1996; [1996] 1 WLR 1122
Attorney-General v British Broadcasting Corporation; Same v Hat Trick Productions Ltd Times, 26 July 1996; [1997] EMLR 76
11 Jun 1996
CA
Auld LJ
Contempt of Court, Media
The mention of a case on a television programme remained a contempt of court, despite the humorous context given to the remarks in the broadcast.
Auld LJ said: "The degree of risk of impact of a publication on a trial and the extent of that impact may both be affected, in differing degrees according to the circumstances, by the nature and form of the publication and how long it occurred before trial. Much depends on the combination of circumstances in the case in question and the court's own assessment of their likely effect at the time of publication. This is essentially a value judgment for the court, albeit that it must be sure of its judgment before it can find that there has been contempt. There is little value in making detailed comparisons with the facts of other cases."
Contempt of Court Act 1981
1 Cites
1 Citers
Watkins v A J Wright (Electrical) Ltd and Others Times, 15 July 1996
15 Jul 1996
ChD
Contempt of Court
Ignorance of an undertaking which was implied in a court process was no excuse for its breach.
Re Mirror Group Newspapers [1996] EWHC Admin 398; [1997] 1 All ER 456; [1997] EMLR 284
31 Jul 1996
Admn
Schiemann LJ, Smedley J
Contempt of Court, Media
The Attorney General applied to have the defendant and others made subject to proceedings for contempt of court after publishing matters said to be prejudicial to a forthcoming criminal trial.
[ Bailii ]
Regina v Commissioners of Inland Revenue and Others, Ex Parte Kingston Smith Times, 15 August 1996
15 Aug 1996
QBD
Contempt of Court
A court has power of its own motion to commence contempt proceedings.
Cobbett v Cobbett; CA 3-Oct-1996 - [1996] EWCA Civ 640
C v G Times, 14 October 1996
14 Oct 1996
CA
Contempt of Court
Sentence of 13 months as first sentence for contempt was too long.
Hackney London Borough Council v Mullen Gazette, 06 November 1996; Times, 22 October 1996
22 Oct 1996
CA
Contempt of Court
Court may take judicial note of Party's other contempts in fixing penalty for contempt, and also take judicial notice of previous failures of council to keep undertakings.
Regina v Adegunle [1996] EWCA Crim 1204
25 Oct 1996
CACD
Crime, Contempt of Court
The applicant was a prison officer, ordered to appear at court. On his non-appearance he was found guilty of contempt and ordered to serve 14 days imprisonment. The order had been made on the Friday, to appear on the Monday, but evidence of attempts to contact him by phone was now contradicted. Held: The conviction was quashed, and a new trial ordered.
Administration of Justice Act 1960 13
[ Bailii ]
In the Matter of Paul Griffin Times, 06 November 1996; [1996] EWCA Crim 1262
31 Oct 1996
CACD
Contempt of Court, Crime
Counsel had had photographs brought to court to show the court injuries sustained by a witness. During a recess the defendant removed them and copied them before selling them to a news agency. Held: The 'Borrowing' of photo from counsel's file in court was capable of being contempt.
Louis Longman v Jane Zalewski and Jan Zalewski [1996] EWCA Civ 917
8 Nov 1996
CA
Contempt of Court
[ Bailii ]
Saxby and Another v McKinley Times, 18 November 1996; [1996] EWCA Civ 642
18 Nov 1996
CA
Contempt of Court
A landlord who was defying a court order to allow his tenant back was rightly given 28 days in prison for contempt of court.
[ Bailii ]
Read, Slack v King [1996] EWCA Civ 984
18 Nov 1996
CA
Contempt of Court
County Courts Act 1984 14
[ Bailii ]
George Selous Cobbett v Katharine Camilla Cobbett [1996] EWCA Civ 982
18 Nov 1996
CA
Contempt of Court
[ Bailii ]
Sharon Martin v David Morris Martin [1996] EWCA Civ 1007
20 Nov 1996
CA
Contempt of Court, Family
[ Bailii ]
In the Matter of David William De Maid and In the Matter of Criminal Justice Act 1988 and In the Matter of an Application By Crown Prosecution Service for an Order of Committal Against William De Maid [1996] EWCA Civ 1149
9 Dec 1996
CA
Contempt of Court
[ Bailii ]
Regina v Miah and Akhbar; CACD 9-Dec-1996 - Times, 18 December 1996; [1996] EWCA Crim 1653; [1997] 2 Cr App R 12
Essex and Herts Community Services v Glen Davy Philip Moore [1996] EWHC Admin 372
17 Dec 1996
Admn
Contempt of Court
[ Bailii ]
Nicholls v Nicholls [1996] EWCA Civ 1271; [1997] 1 WLR 314; [1997] 1 FLR 649
20 Dec 1996
CA
Lord Woolf MR, Auld LJ, Ward LJ
Contempt of Court
The formalities of committal proceedings are to be strictly observed, but a breach of the formalities may be overlooked if it does not affect the justice of the case. Lord Woolf MR considered the discretion given to a court to commit for contempt: "Like any other discretion, the discretion provided by the statutory provisions, must be exercised in a way which in all the circumstances best reflects the requirements of justice. In determining this the court must not only take into account the interests of the contemnor but also the interests of the other parties and the interests of upholding the reputation of civil justice in general. Today it is no longer appropriate to regard an order for committal as being no more than a form of execution available to another party against and alleged contemnor. The court itself has a very substantial interest in seeing that its orders are upheld. If committal orders are to be set aside on purely technical grounds which have nothing to do with the justice of the case, then this has the effect of undermining the system of justice and the credibility of the court orders. While the procedural requirements in relation to applications to commit and committal orders are there to be obeyed and to protect the contemnor, if there is non-compliance with the requirements which does not prejudice the contemnor, to set aside the order purely on the grounds of technicality is contrary to the interests of justice. As long as the order made by the judge was a valid order, the approach of this court will be to uphold the order in the absence of any prejudice or injustice to the contemnor as a consequence of doing so."
1 Citers
[ Bailii ]
