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23 October 2014 / Sophia Purkis
Issue: 7627 / Categories: Features , Profession , Litigation trends
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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

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London Solicitors Litigation Association—John McElroy

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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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