Category: committals

R v Clark [2023] EWCA Crim 309: a mere administrative error or an invalid committal? – Guildhall Chambers

Posted October 19th, 2023 in assault, chambers articles, committals, criminal procedure, magistrates, news by sally

‘This case found its way to the Court of Appeal by way of an appeal against sentence. Before considering that sentence, the Court had to resolve a question raised by the Registrar of Criminal Appeals about the lawfulness of the sentence passed in the Crown Court because of procedural errors at the first hearing in the magistrates’ court.’

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Guildhall Chambers, 8th September 2023

Source: www.guildhallchambers.co.uk

Public Law Newsletter: Sept 23 – Spire Barristers

Posted October 17th, 2023 in birth, chambers articles, committals, consent, Court of Protection, disabled persons, domicile, medical treatment, news by sally

‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 12th September 2023

Source: www.spirebarristers.co.uk

Committed to committal – Nearly Legal

Posted July 13th, 2021 in civil procedure rules, committals, contempt of court, coronavirus, harassment, landlord & tenant, news, sentencing, service by tracey

‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’

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Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

Contempt of Court – Centek Holdings v Giles – NIPC Law

Posted July 7th, 2020 in committals, confidentiality, contempt of court, news, restrictive covenants by sally

‘A case that shows how the committal procedure works is Centek Holdings Ltd. and others v Giles EWHC 1682 (Ch) (26 June 2020). For over 17 years Mr Trustram Files has been the claimant companies’ product development manager. In August 2019 Mr Giles left the claimants to take up a job in Malaysia. He took with him what was described as “very substantial amounts of confidential and proprietary material” belonging to his employer. His bosses suspected what he was doing and contained an order (“the Order”) from Mr Jystice Norris “not to use, access or distribute Centek Material (paragraph 2 of the Order), abide by specific restrictive covenants (paragraph 3 of the Order), disclose and preserve Centek Material and the “Devices” and “Accounts” on which it was kept (paragraphs 4 and 5(a)-(b) of the Order), preserve disclosable documents (paragraph 5(f) of the Order) and facilitate the imaging of such Devices and Accounts by “Independent Experts” (paragraph 6 of the Order).”‘

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NIPC Law, 7th July 2020

Source: nipclaw.blogspot.com

Three cases on contempt of court and what they mean for commercial fraud litigation – Radcliffe Chambers

Posted May 29th, 2020 in abuse of process, committals, contempt of court, fraud, news by sally

‘Recent weeks have seen a spate of decisions on contempt of court. Most are sentencing cases and thus of little general interest since they turn on their facts. However, 3 cases do raise issues of general principle which not infrequently arise in the commercial fraud context.’

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Radcliffe Chambers, 19th May 2020

Source: radcliffechambers.com

Civil way – New Law Journal

Posted July 10th, 2017 in committals, Crown, damages, detention, divorce, documents, financial provision, human rights, immunity, judges, news by sally

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

High Court judge throws out application to commit council housing officers – Local Government Lawyer

Posted May 26th, 2017 in committals, housing, judicial review, news by tracey

‘A man who sought to make a committal application against Royal Borough of Greenwich housing officers has had a series of judicial review applications dismissed as without merit and been ordered to pay costs.’

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Local Government Lawyer, 25th May 2017

Source: www.localgovernmentlawyer.co.uk

Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

Posted May 22nd, 2017 in committals, confiscation, enforcement notices, guilty pleas, judicial review, local government, magistrates, news by tracey

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

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Local Government Lawyer, 19th May 2017

Source: www.localgovernmentlawyer.co.uk

Non-payment of Council Tax – Local Government Law

Posted January 26th, 2017 in appeals, committals, council tax, debts, local government, magistrates, news, regulations by tracey

‘In R (Woolcock) v Bridgend MC (2017) EWHC 34 (Admin) Lewis J quashed a suspended committal order, pursuant to Regulation 47 of the Council Tax (Administration and Enforcement) Regulations 1992, because no proper means assessment had been carried out and the suspension period was manifestly excessive.’

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Local Government Law, 23rd January 2017

Source: www.11kbw.com/blogs/local-government-law

Magistrates struggle (again) with the use of imprisonment for non-payment of council tax – by Sam Genen and Sophie Walker – UK Human Rights Blog

Posted January 23rd, 2017 in committals, council tax, courts, debts, enforcement, imprisonment, judicial review, magistrates, news, regulations, sentencing by sally

‘There is an exceedingly long line of case law, stretching back beyond the days of the community charge (which was of course better known as the Poll Tax). In those cases, the courts have traditionally quashed custodial orders improperly imposed by magistrates for non-payment of council taxes.’

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UK Human Rights Blog, 23rd January 2017

Source: www.ukhumanrightsblog.com

Committal Applications in the Absence of the Defendent: Two Recent Cases, By Ashley Cukier – Littleton Chambers

Posted November 9th, 2016 in committals, disclosure, evidence, loans, news by sally

‘Ashley Cukier considers two recent judgments of the High Court (Alfa Bank v Reznik [2016] EWHC B21 (Comm) and Taylor v Van Dutch Marine & Others [2016] EWHC 2201 (Ch)), which demonstrate the courts’ willingness, if the circumstances justify it, to hear committal applications in the absence of the defendant.’

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Littleton Chambers, 6th October 2016

Source: www.littletonchambers.com

Swindon Borough Council v Webb (trading as Protective Coatings) – WLR Daily

Posted March 30th, 2016 in appeals, civil procedure rules, committals, contempt of court, early release, law reports, local government, proportionality by sally

Swindon Borough Council v Webb (trading as Protective Coatings) [2016] EWCA Civ 152

‘Whilst hesitating to be prescriptive in a matter where the liberty of the subject is at stake, and where the circumstances are likely to be infinitely various, the procedure provided by CPR r 81.31 should be followed where a contemnor seeks his discharge before the expiry of his sentence (para 23).’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

R (James) v HM Prison Birmingham and others – WLR Daily

Posted February 18th, 2015 in committals, contempt of court, gangs, injunctions, judicial review, law reports, prisons, sentencing by sally

R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59

‘There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.’

WLR Daily, 9th February 2015

Source: www.iclr.co.uk

A spectacularly Misleading Case – nested in a real one – UK Human Rights Blog

Posted November 26th, 2014 in appeals, committals, consent orders, fraud, misrepresentation, news, police, solicitors, Solicitors Regulation Authority by sally

‘Hamblen J observed that “the facts…are so extraordinary that they could have come from one of A.P. Herbert’s “Misleading Cases”. Yes indeed. A solicitor decided to make up three years of litigation, writing some fake judgments, pretending to instruct barristers, and churning out fictitious correspondence.’

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UK Human Rights Blog, 25th November 2014

Source: www.ukhumanrightsblog.com

Coll v Floreat Merchant Banking Ltd and others (Eggesbo and others, Part 20 defendants) (Solicitors Regulatory Authority intervening) – WLR Daily

Posted June 11th, 2014 in committals, contempt of court, law reports, solicitors, undertakings by sally

Coll v Floreat Merchant Banking Ltd and others (Eggesbo and others, Part 20 defendants) (Solicitors Regulatory Authority intervening) [2014] EWHC 1741 (QB); [2014] WLR (D) 247

‘Whilst there was no specific test for granting permission to make an application for committal for breach of a solicitor’s undertaking, where there was no reasonable prospect of the applicant proving that the relevant solicitor had breached an undertaking, and there was no other good reason to allow the application to proceed, permission should not be granted.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Posted June 4th, 2014 in civil procedure rules, committals, company directors, contempt of court, EC law, jurisdiction, law reports, practice directions by tracey

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others: [2014] EWCA Civ 715; [2014] WLR (D) 239

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Faster justice as unneccessary committal hearings are abolished – Ministry of Justice

Posted May 29th, 2013 in committals, courts, delay, news by sally

“Serious criminals will face justice as soon as possible with the abolition of committal hearings Justice Minister Damian Green said today.”

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Ministry of Justice, 28th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Committal Applications in financial remedy proceedings: when, how and why to make one – Zenith Chambers

Posted May 21st, 2013 in civil procedure rules, committals, contempt of court, debts, detention, financial provision, news by sally

“An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half of this time will be served, and that the time served doesn’t actually produce any cash for the creditor, the obvious question for the person seeking to
enforce the order is ‘what is the point?’. In fact, the Court of Appeal said as much in the case of Mubarak in 2000; ‘I doubt whether experienced specialist practitioners will think that it has sufficient value for money to be worth its initiation.'”

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Zenith Chambers, 16th May 2013

Source: www.zenithchambers.co.uk

Housing and the CPR: A Factual and Speculative Account of Amendments Past and Present – Zenith Chambers

Posted December 4th, 2012 in appeals, civil procedure rules, committals, housing, news by sally

“The Civil Procedure (Amendment No.2) Rules 2012 came into force on 1st October 2012. These Amendments cover many aspects of the CPR. This article only considers those amendments which a housing practitioner is likely to encounter.”

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Zenith Chambers, 27th November 2012

Source: www.zenithchambers.co.uk

Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158; [2012] WLR (D) 355 – WLR Daily

Posted November 30th, 2012 in committals, Crown Court, law reports, magistrates, sentencing by tracey

Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158;   [2012] WLR (D)  355

“Where an offender was committed to the Crown Court by the magistrates’ court under paragraph 11(2)(a) of Schedule 12 to the Criminal Justice Act 2003 to be dealt with in respect of the commission of an offence committed during the operational period of a suspended sentence imposed by the Crown Court, the Crown Court’s sentencing powers in relation to other offences in respect of which the offender was committed under section 6(2) of the Powers of Criminal Courts (Sentencing) Act 2000 were limited by section 7(1) of the 2000 Act to those of the magistrates’ court.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk