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Choose your weapon wisely

25 October 2013 / Nicholas Stewart KC , Max Cole
Issue: 7581 / Categories: Features , Procedure & practice
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Nicholas Stewart QC & Max Cole on the risks of contempt of court applications

Contempt of court comes in many forms, some more lively than others. A defendant who ate an incriminating telex during the execution of an Anton Piller search order was obviously guilty. Rather longer ago, it was unsurprisingly a contempt to draw a sword to strike a judge. On the other hand, applying some version of the sticks and stones principle, an Australian court held in 2000 that it was no contempt, by a barrister as it happened, to call a judge by the w-word. Not wise, though.

Civil contempt by an individual is punishable by prison and/or a fine. In the case of a company, its officers are liable to those same punishments and the company can be fined. The contemnor’s assets may also be placed in the hands of sequestrators—as with the National Union of Mineworkers in the bitter mid-1980s litigation. While it is called civil contempt, the applicant must meet the criminal standard of proof.

Motives

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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