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Entering the contempt maze

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09 July 2020 / David Burrows
Issue: 7894 / Categories: Features , Procedure & practice , Contempt
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David Burrows navigates through a labyrinth of legal aid provisions & tackles the much misunderstood ‘contempt’
  • Contempt: a maze of terminology & legal aid.
  • Clarity—or not—and the procedure for contempt.

Tom Bingham (nom de plume of Lord Bingham) states his first rule of the Rule of Law (title of his 2004 lecture, and a 2011 Penguin paperback) as that all laws should be ascertainable, clear and accessible. Anyone threatened with imprisonment for ‘contempt of court’—itself a misleading title, which many judges say is inappropriate—will find that the law is anything but clear; and a defendant who wants legal aid for representation for defence (ie not to be sent to prison) will find the law is positively opaque.

On 1 May 2020 replies to a consultation concluded on ‘Proposed rule changes relating to contempt of court; redraft of CPR Part 81’ (https://bit.ly/37cbN6K); that is to amend the Civil Procedure Rules 1998 (CPR 1998) to modernise its terminology and to clarify some of its procedure.

I responded

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