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26 September 2019 / Christopher Filor , James Ramsden KC
Issue: 7857 / Categories: Features , Employment , Procedure & practice , Technology
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Committal proceedings & contempt of court

Far from a ‘soft crime’, lying in court really does have consequences as Christopher Filor & James Ramsden QC explain

  • Quantum Tuning Ltd v White makes it clear that the courts are prepared to impose custodial sentences for a breach of a delivery up court order: by doing so, it sends out an important lesson on the consequences of telling lies.

As the famous Russian physicist Valery Legasov, who investigated the Chernobyl disaster, was quoted as saying: ‘Every lie we tell incurs a debt to the truth; sooner or later, that debt is paid.’

The defendant’s conduct in the recent High Court decision in Quantum Tuning Ltd v White (Rev 1) [2019] EWHC 1376 (QB), 169 NLJ 7844, [2019] All ER (D) 10 (Jun) exemplifies Legasov’s quote and, in the context of an ex parte court order where a penal notice is served upon a defendant, it really shines a light on whether the courts have the appetite for sending a contemnor to prison.

The background to the

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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