header-logo header-logo

23 October 2014 / Sophia Purkis
Issue: 7627 / Categories: Features , Profession , Litigation trends
printer mail-detail

In vogue

Committal applications are almost becoming fashionable, says Sophia Purkis

Increasingly claimants are pleading fraud and using the sanctions available to the court to enforce compliance with orders and court rules in the hope that they will assist quicker resolution of their claims. There has recently been a noticeable increase in the number of reported applications for committal in civil claims; indeed following the well-publicised case of JSC BTA Bank v Ablyazov [2014] EWHC 455 (Comm), [2014] All ER (D) 275 (Feb), such applications would appear to have become almost fashionable.

Committal applications

Committal applications can be made for a variety of misdemeanours, such as for breach of a judgment, order or undertaking, contempt in the face of the court, making a false statement of truth and interference with the due administration of justice.

In fraud cases the majority of applications arise from the breach of freezing orders, for example by failing to comply with disclosure obligations or for seeking to put assets out of the claimant’s reach. Where the defendant is a company, committal

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll