header-logo header-logo

Claimant sent to prison

17 January 2019
Issue: 7824 / Categories: Legal News , Procedure & practice
printer mail-detail

A judge who sent a claimant to prison for discussing evidence during a housing possession trial acted in a ‘completely disproportionate’ way, the Court of Appeal has held.

Judge Melissa Clarke warned property developer Neil Jarvis not to discuss his evidence with anyone during an overnight break in his cross-examination. However, he did. On discovering this, Judge Clarke struck out his claim, and remanded him in custody overnight with a view to sentencing him for contempt of court in the morning.

The Court of Appeal, however, ordered that a new trial take place and criticised Jarvis’ imprisonment, in Hughes Jarvis v Searle & Anor [2019] EWCA Civ 1.

Delivering judgment, Lord Justice Leggatt said: ‘When… an incident occurs during a trial which gives the trial judge cause for concern that the integrity of a witness’s evidence might have been compromised, a measured approach is called for.’

He said the judge’s response could ‘serve as a case study on how not to deal with such a situation’.

Issue: 7824 / Categories: Legal News , Procedure & practice
printer mail-details

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
back-to-top-scroll