Jolly v Hull; Jolly v Jolly
| Jurisdiction | England & Wales |
| Judgment Date | 21 January 2000 |
| Date | 21 January 2000 |
| Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Justice Peter Gibson, Lord Justice Judge and Mr Justice Ferris
Practice - power to commit without penal notice
An order enforceable by committal should be endorsed with or incorporate a penal notice but a county court, as a matter of discretion, was empowered to proceed to consider a proper notice of application to commit notwithstanding the absence of penal notice on the order.
That jurisdiction should not be exercised too readily lest what should be a dispensing power for use in exceptional cases might gradually undermine the express requirements of Order 29, rule 1(3) of the County Court Rules.
The Court of Appeal so stated, inter alia, when dismissing appeals by Christopher Jolly against:
(i) the dismissal by Judge Rich, QC, sitting as a High Court judge on March 19, 1999 of his appeal from Deputy Master Weir who struck out his action for damages against the circuit judge, district judge, bailiff and court manager at Staines County Court and the court manager at Guildford County Court; and
(ii) the decision of Judge Hull, QC, in Staines County Court sitting at Guildford on November 17, 1993 to commit Mr Jolly to prison for 14 days for contempt in respect of matrimonial proceedings against Mrs Penelope Jolly.
Mr Jolly in person; Mr Angus McCullough for the respondents in the first appeal; the respondent in the second appeal did not appear and was not represented.
LORD JUSTICE JUDGE said that Order 29, rule 1(3) of the County Court Rules provided that an order enforceable by committal should be endorsed with or incorporate a penal notice.
Order 29 rule 1(4) and(4A) provided in effect that any subsequent notice to commit for disobedience should specify the orders which had been disobeyed or broken and identify the breach or breaches alleged.
Rule 1 of Order 27 provided: "(7) The court may dispense with...
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...2 Q.B. 52; [1972] 1 All E.R. 997, dicta of Salmon, L.J. applied. (7) Jolly v. Circuit Judge of Staines County Ct., Jolly v. Jolly, [2000] 2 FLR 69, applied. (8) Phonographic Performance Ltd. v. Amusement Caterers (Peckham) Ltd., [1964] Ch. 195; [1963] 3 All E.R. 493, followed. (9) Star-Kist......
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Munib Masri (Applicant/Judgment Creditor) v Consolidated Contractors International Company SAL and Others (First and Second) (Respondents/Judgment Debtors) (Third Respondent)
...sparingly": Bell v Tuohy [2002] EWCA Civ 423, [2002] 1 WLR 2703 at [41] per Neuberger J (as he then was) and see also Jolly v Jolly [2000] 2 FLR 69 and Benson v Richards [2002] EWCA Civ 1402. For a recent exercise of the discretion on not dissimilar facts (so far as the present issue is co......
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Jsc Mezhdunarodniy Promyshlenniy Bank and Another v Sergei Viktorovich Pugachev
...a copy of the order including the penal notice on its face" (paragraph 33). This was confirmed by the judgment of the Court of Appeal in Jolly v Hull [2002] FLR 69 where Judge LJ noted that the dispensing power did not expressly extend to the provision for a penal notice, but that given the......
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Bell v Tuohy and Others
...an order for sale with vacant possession of the former matrimonial home. A comparatively recent example is the decision of this Court in Jolly v Jolly [2000] 2FLR 69. An earlier case, to which I have already referred, is Danchevsky [1975] Fam 17, where, although the Court of Appeal reversed......