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25 October 2013 / Nicholas Stewart KC , Max Cole
Issue: 7581 / Categories: Features , Procedure & practice
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Choose your weapon wisely

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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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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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