Cobra Golf Inc. v Rata (no 2)
| Jurisdiction | England & Wales |
| Judgment Date | 1997 |
| Date | 1997 |
| Year | 1997 |
| Court | Chancery Division |
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55 cases
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Daltel Europe Ltd and Others v Makki and Others
...for civil contempt are not criminal proceedings, the point at issue there being the privilege against self-incrimination, and also Cobra Golf Inc v. Rata [1998] Ch 109 on the same point, where Rimer J held that the privilege does exist in such proceedings, because they were proceedings "for......
- Globespan Airways Ltd (formerly (in Administration) and now (in Liquidation)) between Cartwight and Another v Registrar of Companies
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Clibbery v Allan and another
...v A-G [1971] 3 All ER 1183, [1971] 1 WLR 1713. Belgian Linguistic Case (No 2) (1968) 1 EHRR 252, ECt HR. Cobra Golf Inc v Rata (No 2) [1998] Ch 109, [1997] 2 All ER 150, [1997] 2 WLR 629. Comfort Hotels Ltd v Wembley Stadium Ltd (Silkin and ors, third parties) [1988] 3 All ER 53, [1988] 1 W......
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Ijeoma Nkem Egeneonu v Levi Egeneonu
...that even a civil contempt is a criminal offence: see the very detailed analysis of the case-law by Rimer J in Cobra Golf Inc and another v Rata and others [1998] Ch 109, 129–155. 91 The debate in relation to civil contempt has now been given its quietus by Lord Toulson's unqualified statem......
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3 books & journal articles
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The Self-Incrimination Privilege in Care Proceedings and the Criminal Trial and ‘Shall Not Be Admissible in Evidence’
...at 338.21 Civil contempt is not a criminal offence, even if committed in connection with acriminal case, see, e.g. Cobra Golf Ltd vRata [1998] Ch 109. See also Blackstone’sCriminal Practice (Oxford University Press: Oxford, 2008): ‘. . . in cases of civilcontempt it is usually up to the opp......
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Defining the Limits of the Common-Law, South African and European Privilege against Self-Incrimination
...wh ich will penaliz e in a penal procee ding but does not fall u nder the heads of cr iminal law”)59 England: Cobra Golf Inc v Rat a [1998] Ch 109 (HC); Bhimji v Chatwani (No 3) [1992] 4 ALL ER 912 (“a proceedi ng which exposes an i ndividual to the r isk of civil contempt (i e not a crime,......
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More Sounds of Silence: Cobra Golf Ltd v Rata
...to the ever increasing case law on the common law privi-lege against self-incrimination emanating from ex parte Smith. REFERENCES (1) [1997] 2 WLR 629. (2) [1993] AC 1. (3) [1993] AC 45. (4) Court Transcript (CO/2577/95), 25th October, 1996. (5) (1997) 23 EHRR 313, 339-40, para. 74. (6) [19......