SCHEDULE
Rule 5
SCHEDULE
PART 21
APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT
Contents of this Part
Title |
Rule number |
Scope |
Rule 21.1 |
Interpretation |
Rule 21.2 |
How to make a contempt application |
Rule 21.3 |
Requirements of a contempt application |
Rule 21.4 |
Service of a contempt application |
Rule 21.5 |
Cases where no application is made |
Rule 21.6 |
Hearings and judgments in contempt proceedings |
Rule 21.7 |
Dispensation with personal service |
Rule 21.8 |
Powers of the court in contempt proceedings |
Rule 21.9 |
Applications to discharge committal proceedings |
Rule 21.10 |
Scope
This Part sets out the procedure to be followed in proceedings for contempt of court (‘contempt proceedings’).
This Part does not alter the scope and extent of the jurisdiction of courts determining contempt proceedings, whether inherent, statutory or at common law.
This Part has effect subject to and the extent that it is consistent with the substantive law of contempt of court.
Interpretation
In this Part—
“claimant” means a person making a contempt application;
“contempt application” means an application to the court for an order determining contempt proceedings;
“defendant” means the person against whom the application is made;
“order of committal” means the imposition of a sentence of imprisonment (whether immediate or suspended) for contempt of court;
“penal notice” means a prominent notice on the front of an order warning that if the person against whom the order is made (and in the case of a corporate body, a director or officer of that body) disobeys the court’s order, the person (or director of officer) may be held in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law.
How to make a contempt application
A contempt application made in existing proceedings before the Court of Protection is made by an application under Part 10 in those proceedings, whether or not the application is made against a party to those proceedings.
Permission to make a contempt application is required where the application is made in relation to—
interference with the due administration of justice in connection with proceedings in the Court of Protection, except where the contempt is committed in the face of the court or consists of disobedience to an order of the court or a breach of an undertaking to the court;
an allegation of knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement.
If permission to make the application is needed, the application for permission shall be included in the contempt application, which will proceed to a full hearing only if permission is granted.
Where contempt is committed in connection with any proceedings in the Court of Protection, the application for permission may only be made to a Tier 3 Judge.
Requirements of a contempt application
Unless and to the extent that the court directs otherwise, every contempt application must be supported by written evidence given by affidavit or affirmation.
A contempt application must include statements of all the following, unless (in the case of (b) to (g)) wholly inapplicable—
the nature of the alleged contempt (for example, breach of an order or undertaking or contempt in the face of the court);
the date and terms of any order allegedly breached or disobeyed;
confirmation that any such order was personally served, and the date it was served, unless the court or the parties dispensed with personal service;
if the court dispensed with personal...
