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Contempt of Court
now a stark reality
One of the most common questions
asked by people when they are
considering applying for a court order
in respect of children or finances
is whether there are sufficient
penalties available for a person who
continuously breaches a court order.
sentence, or an immediate custodial
sentence up to a maximum of two years.
An immediate custodial sentence is
extremely rare and reserved for the most
serious of cases as identified in Gulf
Azov Shipping Company Ltd and others
v Idisi and others [2001] EWCA Civ 21.
The very fact that people require a court
order is usually due to being at logger
heads with the opposing party and the trust
they once had no longer exists. Individuals
put their faith in the court system in
situations where they cannot communicate
with the opposing party. Once upon a time
the courts approach was to simply give the
offending party a telling off and hope they
see the error of their ways. Now, the courts
are sitting up and realising that the lack
of incentive to adhere to a court order is
effectively making a mockery of the judicial
system and harsher punishments are now
being handed out as a consequence.
During one of my recent cases, the
Respondent was committed to an
immediate term of imprisonment on two
separate occasions for one month and
five months respectively. This was as
a result of serious breaches relating to
financial proceedings. In circumstances
where we could prove there were
continued disobedience and un-ashamed
lies, an immediate term of imprisonment
was ordered. The courts were initially
somewhat reticent in making such an
order and even more surprising was the
lack of procedural knowledge the court
had in effecting the order, evidencing that
such applications are rarely successful
but as time has gone on it would
seem the courts are becoming
far more open to the idea
of imposing serious
consequences where
serious punishments
are due. The same
procedures and
outcomes are available
for breaches of a Child
Arrangements Order.
Each breach will be case specific. Minor
breaches continue to be dealt with by way
of a simple telling off and the ‘breacher’
warned not to do it again. Some will
have their orders amended to make the
terms more suitable to the parties so
the chances of any further breaches are
reduced. More serious breaches could be
held in contempt of court and could go to
prison, which is exactly what appears to
be happening recently.
Offices across Sussex
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Laws relating to contempt of court have
developed over the centuries as a means
for the courts to prevent conduct that
tends to obstruct, prejudice or abuse
the administration of justice. There are
two types of contempt, contempt by
disobedience where the contemnor
simply disobeys the terms of the order or
breaches an undertaking and contempt by
interference where the contemnor disrupts
court proceedings or the administration of
justice. Contempt of court can be either
civil or criminal in nature but most are dealt
with in a civil capacity. As a result of the
potentially serious consequences of being
found in contempt of court, the standard of
proof rises to the criminal standard, beyond
all reasonable doubt and the burden lies
with the Applicant to prove as such.
from a change in legislation in April 2014.
New rules brought into force the Single
Family Court and in conjunction with
the County Courts Remedy Regulations
2014, District and Circuit Judges are now
able to hear applications for committal
proceedings rather then just High Court
Judges. This opens the gateway for more
applications and puts the power back
into the hands of the courts that originally
imposed the orders.
Any punishment for contempt of court
will often be of little consolation to the
wronged party (unless of course you
relish in the idea of seeing your opposing
party being taken away in handcuffs) but
at least one can be sure that the court
has the appropriate powers in place to
enforce orders and punish those who
choose to think they are above the law.
Before you consider lying to the court or
failing to adhere to court orders, think
again! The courts are tougher than
you think. Equally, if you think your
opposing party is likely to be
difficult during proceedings
and might potentially breach
orders, speak to a member
of our family team as we
have significant experience
in this area.
By Tia Clarke
The courts sudden
change of heart
appears to
stem
The wronged party would need to
apply for committal proceedings to
prove their opposing party’s contempt
and the penalties for being found in
contempt of court range from a fine or
seizure of assets, a suspended custodial
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