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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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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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