header-logo header-logo

31 May 2012
Issue: 7516 / Categories: Case law , Law digest , In Court
printer mail-detail

Contempt

JSC BTA Bank v Ablyazov [2012] EWCA Civ 639, [2012] All ER (D)
144 (May)

It was an established principle that the question whether to decline to hear a contemnor, a course which would almost invariably lead to his appeal or application being dismissed, was to be determined by reference to how, in the circumstances of the individual case, the interests of justice would best be served. When deciding that question, one factor the court had to bear in mind was that it was a strong thing for a court to refuse to hear a party and was only to be justified by grave considerations of public policy. It was a step which a court would take only when the contempt itself had impeded the course of justice. Particular care was to be taken before declining to hear a contemnor who was appealing against the order of which he was in breach, and the same degree of care was required where the contemnor was appealing against the judge’s findings of fact which had constituted a breach of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll