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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll