Albion Chambers
2 Experts
16 Contributions by Albion Chambers Experts
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is provided for historical reference only, as it concerns CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which was revoked in its entirety from 1 October 2020. If you are dealing with a committal application after 1 October 2020, refer to the current CPR 81 and the Practice Notes addressing it; see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see:
This Practice Note considers committal proceedings relating to offences under the County Courts Act and certifications by the High Court. It is not designed to address the unique features of the many forms of committal-type steps that may arise where a proposed contemnor breaches the County Courts Act or a High Court
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PRACTICE NOTES
ARCHIVED:
This Practice Note is archived and is no longer maintained. It is provided solely for historical reference, as it concerns CPR 81 as it then applied before 1 October 2020, and Practice Direction 81, which is revoked in its entirety with effect from 1 October 2020. If you are dealing with a committal application post 1 October 2020, please refer instead to the CPR 81 currently in force and the Practice Notes that cover this—see: Contempt and committal—overview. For the pre‑1 October 2020 version of CPR 81 or Practice Direction 81, see:
This note sets out the practical ‘nuts and bolts’ of committal applications, detailing the necessary components and ingredients, the procedural formal steps, and the hurdles that must be satisfied when pursuing committal for contempt or seeking writs of sequestration. It may be helpful to read it alongside the following Practice Notes:
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PRACTICE NOTES
ARCHIVED: This archived Practice Note provides a concise outline of the amendments made to the CPR that came into force on 1 October 2020 in relation to contempt proceedings under CPR 81 (also known as ‘committal proceedings’). It is essential reading for practitioners who are considering or facing contempt proceedings, particularly for understanding the policy reasons for the changes and for construing pre‑1 October 2020 case law about contempt. Unless stated otherwise, each reference to CPR 81 in this Practice Note is to the version of CPR 81 that has been in force since 1 October 2020. It is not maintained and is offered purely for background information. For information on the position before 1 October 2020 for proceedings for contempt of court, see: Contempt and committal—overview. With the passage of time these reforms have become accepted as the norm; however,
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PRACTICE NOTES
This Practice Note examines when the court may deprive a party of assets (historically termed a ‘writ of sequestration’) as a remedy, sanction, or means of compulsion within contempt proceedings under CPR 81 (also known as ‘committal proceedings’). It does not cover sequestration used purely to enforce a judgment, order, or undertaking where no contempt proceedings are pursued—for guidance on that, see Practice Note: Writs of sequestration to enforce a judgment or order.
Confiscation of assets—enforcement or contempt?
Before 1 October 2020, all sequestration routes—both the ‘contempt’ variety and the ‘enforcement’ variety—sat within CPR 81. Following CPR amendments effective from 1 October 2020, CPR 81 was narrowed to contempt alone (see consultation: Proposed rule changes relating to contempt of court: redraft of CPR Part 81). Since that date, CPR 81 no longer uses the label ‘writ of
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PRACTICE NOTES
This Practice Note explores the rigorous obligations governing contempt of court applications under CPR 81 (also known as 'committal proceedings'), and the court’s method of addressing procedural defects in contempt claims, including when the court might excuse non-compliance or strike out proceedings because of it. It further considers when a party may discontinue contempt proceedings, and the potential costs consequences of that choice. In broad terms, the procedural steps and matters to be proved are examined in greater detail in Practice Notes: Civil contempt proceedings—nature and legal framework, Civil contempt proceedings—application considerations, and Civil contempt proceedings—court order requirements, together with related materials covering each category of contempt.
Compliance with a strict regime
As set out in Practice Note: Civil contempt proceedings—application considerations—Compliance with a strict regime, compliance with the requirements of CPR 81 when making these applications is mandatory unless the court directs
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PRACTICE NOTES
This Practice Note explores the legal regime governing contempt proceedings under CPR 81 (often termed ‘committal proceedings’), emphasising their quasi-criminal character and the imperative of rigorous compliance with CPR 81. It also examines the necessity of bringing any contempt application for a proper purpose, together with the prospect of strike-out where the court considers the process to be abused...
The legal framework of contempt proceedings
CPR 81 regulates contempt proceedings. The iteration effective from 1 October 2020 was intentionally simplified to enhance clarity and usability. Given that streamlining, the courts are likely to respond more strictly to any departure from these rules than they may have under the earlier, more complex scheme...
For a concise overview of significant recent judgments, see Practice Note: Civil contempt proceedings—illustrative decisions. As contempt applications can culminate in imprisonment or other draconian measures, including confiscation of assets, careful attention must be paid to
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PRACTICE NOTES
This Practice Note reviews the hearing of contempt proceedings under CPR 81 (also known as ‘committal proceedings’), covering whether the court will sit in public or in private, the directions the court will give in advance of the hearing, the timing of the hearing, and the evidence to be placed before the court at the hearing. It also considers what happens if the defendant is absent from the hearing, the defendant’s right to silence, and the defendant’s entitlement to legal aid, legal representation and/or an interpreter.
Hearing to be in public
The English judicial system proceeds from the fundamental principle of open justice, subject, on occasion, to permitted derogations. CPR 81.8(1) provides that: ‘all hearings of contempt proceedings shall, irrespective of the parties’ consent, be listed and heard in public unless the court otherwise directs.’ This mirrors the provisions set out in CPR 39.2, which states that the
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PRACTICE NOTES
This Practice Note explains when permission is needed to bring contempt proceedings under CPR 81 (also known as ‘committal proceedings’), together with the manner and forum in which any application for permission should be made. It also considers the proper forum for contempt proceedings more broadly.
Types of case requiring permission
CPR 81.3(5) states that leave to pursue contempt is only necessary in two categories:
interference with the due administration of justice, save in relation to ongoing High Court or County Court proceedings; and
an allegation that a person knowingly made a false statement in any affidavit, affirmation or other document verified by a statement of truth, or in a disclosure statement
For more information on these types of contempt, see: and False statements. CPR 81.3 specifies the court to which the permission application should be directed, where permission is
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PRACTICE NOTES
ARCHIVED
This Practice Note is archived and no longer updated. It is retained solely for historical purposes as it relates to CPR 81 in the form that applied before 1 October 2020, and to Practice Direction 81, which was wholly revoked with effect from 1 October 2020. If you are handling a committal application after 1 October 2020, you must consult the current CPR 81 and the relevant Practice Notes—see: Contempt and committal—overview. For the pre-1 October 2020 text of CPR 81 or Practice Direction 81, see:
This Practice Note examines when committal applications can be pursued for failure to comply with court orders or a solicitor’s undertaking, and the procedure to follow in doing so. It should be read together with Practice Note: Committal proceedings—applications, evidence and hearings [Archived], which provides a general summary of the principal
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PRACTICE NOTES
This Practice Note outlines how to issue a contempt application and the material it must contain. It explains the need for a penal notice on the application, and sets out requirements for service—on the defendant, on the defendant’s legal representatives, and for service out of the jurisdiction...
For guidance on the court’s approach to contempt applications (including the hurdles that must be cleared), see Practice Note: Civil contempt proceedings—nature and legal framework. For details of the categories of contempt that may arise, consult the following Practice Notes:
Civil contempt proceedings—non-compliance with a court order or undertaking
Civil contempt proceedings—false statements
Civil contempt proceedings—interference with the administration of justice
Civil contempt proceedings—contempt in the face of the court
Civil contempt proceedings—County Courts Act offences and High Court
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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained.
This Practice Note is retained solely as a historical record, since it addresses CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which is revoked in its entirety with effect from 1 October 2020. For any committal application after 1 October 2020, you must refer to the CPR 81 currently in force and to the relevant Practice Notes covering this; see: Contempt and committal—overview.
For the versions of CPR 81 or Practice Direction 81 predating 1 October 2020, see: This Practice Note examines the circumstances in which committal proceedings may properly be pursued where an interference with the administration of justice is alleged. You should also consider...
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![Committal proceedings under former CPR 81 (pre-1 October 2020): discontinuance, procedural defects, strike out, abuse of process, waiver and costs (England and Wales) [Archived]](images/default-source/pa-pool/9.tmb-small.jpg)
PRACTICE NOTES
ARCHIVED
This Practice Note is archived and is no longer maintained. It is provided purely for historical context as it relates to CPR 81 as it applied before 1 October 2020, and to Practice Direction 81, which was revoked in full with effect from 1 October 2020. If you are handling a committal application after 1 October 2020, you must consult the CPR 81 currently in force and the Practice Notes that address it, see: Contempt and committal—overview. For the versions of CPR 81 or Practice Direction 81 that applied before 1 October 2020, see: In summary, procedural requirements and the matters to be proved are set out in detail in Practice Note: Committal proceedings—applications, evidence and hearings [Archived] and in related materials for each category of contempt or writ of sequestration. Accordingly, this Practice Note should be read together with the
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PRACTICE NOTES
ARCHIVED: This Practice Note is archived and no longer updated and is not maintained. It is kept solely for historical reference and context as it addresses CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which was wholly revoked with effect from 1 October 2020.
If you are handling a committal application after 1 October 2020, you must instead consult CPR 81 currently in force and the relevant Practice Notes that relate to it and apply; see: Contempt and committal—overview. For the pre‑1 October 2020 iteration of CPR 81 or Practice Direction 81, see:
This Practice Note explores when committal proceedings may properly be initiated where contempt occurs in the face of the court, in practice. In other words, the contempt must take place directly in the court’s presence. This category of contempt is among the few that the court can
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PRACTICE NOTES
This Practice Note considers the situations in which proceedings for contempt of court under CPR 81 (also known as ‘committal proceedings’) may properly be brought for non-compliance with a court order or with an undertaking. It explains the process to be adopted when bringing contempt of court proceedings, including the requirement that the order in question carries a penal notice. It further addresses the bringing of contempt proceedings for breach of a court order or undertaking against a company or a corporation. This Practice Note is to be read alongside Practice Note: Civil contempt proceedings—nature and legal framework, which provides a general overview of the key considerations in these types of proceedings, and alongside Practice Notes: Civil contempt proceedings—application considerations and Civil contempt proceedings—court order requirements. Note: where a party has failed to comply with a court order, contempt
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PRACTICE NOTES
This Practice Note examines contempt proceedings under CPR 81 (often termed ‘committal proceedings’) in the context of County Courts Act offences and High Court certifications. It does not attempt to tackle the specific quirks of the numerous committal-type steps available where a defendant breaches the County Courts Act or a High Court certification. It should be read alongside the following Practice Notes, which provide a general overview:
Civil contempt proceedings—nature and legal framework
Civil contempt proceedings—sentencing and costs
County Courts Act 1984 (quasi-contempts)
The County Courts Act 1984 (CCA 1984) contains several distinct, though similarly focused, offences. Until 1 October 2020, these were addressed within CPR 81. Following amendments effective from that date, they no longer fall within CPR 81. When faced with CCA 1984 offences, practitioners should consult the relevant statutory provisions, which include:
assaulting a court officer (CCA 1984, s 14)
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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained.
This Practice Note is retained solely for historical reference as it relates to CPR 81 as it stood before 1 October 2020, and to Practice Direction 81, which was revoked in full with effect from 1 October 2020.
If you are handling a committal application after 1 October 2020, you must consult the CPR 81 currently in force and the Practice Notes addressing it; see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see:
This Practice Note considers the aims and principles of sentencing in contempt and writ of sequestration matters following a successful committal application. It does not attempt to provide a sentencing guide on the suitability or otherwise of sentence length in any particular circumstances. In line with Longhurst v Killen, the duration of any
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