header-logo header-logo

Contempt

31 May 2012
Issue: 7516 / Categories: Case law , Law digest , In Court
printer mail-detail

JSC BTA Bank v Ablyazov [2012] EWCA Civ 639, [2012] All ER (D)
144 (May)

It was an established principle that the question whether to decline to hear a contemnor, a course which would almost invariably lead to his appeal or application being dismissed, was to be determined by reference to how, in the circumstances of the individual case, the interests of justice would best be served. When deciding that question, one factor the court had to bear in mind was that it was a strong thing for a court to refuse to hear a party and was only to be justified by grave considerations of public policy. It was a step which a court would take only when the contempt itself had impeded the course of justice. Particular care was to be taken before declining to hear a contemnor who was appealing against the order of which he was in breach, and the same degree of care was required where the contemnor was appealing against the judge’s findings of fact which had constituted a breach of the

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll