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31 May 2012
Issue: 7516 / Categories: Case law , Law digest , In Court
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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

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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