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02 June 2023 / Wilson Leung
Issue: 8027 / Categories: Features , Contempt , Criminal , Procedure & practice , International
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Criminal contempt: the pendulum swings

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Wilson Leung examines a recent judgment providing much-needed clarity on the process of bringing committal proceedings in Hong Kong
  • The Hong Kong Court of Final Appeal has held that a party does not need to inform or seek the consent of the Secretary for Justice (the equivalent of the attorney general (AG) in other jurisdictions) before commencing committal proceedings in relation to criminal contempt.
  • This decision provides welcome clarification for practitioners in civil litigation.
  • It now appears clear that the litigant may bring such proceedings without having to seek the AG’s consent.

Contempt of court has traditionally been classified as criminal or civil contempt. Civil contempt is concerned with breaches of court orders or undertakings, whereas criminal contempt relates to other acts which seriously impede the administration of justice (A-G v Times Newspapers Ltd [1974] AC 273).

Despite occasional criticism of the distinction (eg Jennison v Baker [1972] 2 QB 52, p61H), it continues to persist for the time being, at least in England (R

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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