SCHEDULE
Rule 5
SCHEDULE
“PART 37
APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT
Contents of this Part
Rule 37.1 |
Scope |
Rule 37.2 |
Interpretation |
Rule 37.3 |
How to make a contempt application |
Rule 37.4 |
Requirements of a contempt application |
Rule 37.5 |
Service of a contempt application |
Rule 37.6 |
Cases where no application is made |
Rule 37.7 |
Directions for hearing of contempt proceedings |
Rule 37.8 |
Hearings and judgments in contempt proceedings |
Rule 37.9 |
Powers of the court in contempt proceedings |
Rule 37.10 |
Applications to discharge committal orders |
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 to 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 or 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 High Court or family court proceedings is made by an application under Part 18 in those proceedings, whether or not the application is made against a party to those proceedings.
If the application is made in the High Court, it shall be determined by a High Court judge of the Division in which the case is proceeding. If it is made in the family court, it shall be determined by a judge of the family court.
(The Family Court (Composition and Distribution of Business) Rules 20143make provision for which level of judge may determine a contempt application.)
A contempt application in relation to alleged interference with the due administration of justice, otherwise than in existing High Court or family court proceedings, is made by an application to the High Court under Part 19.
Where an application under Part 19 is made under paragraph (3), the rules in Part 19 apply except as modified by this Part and the defendant is not required to acknowledge service of the application.
Permission to make a contempt application is required where the application is made in relation to—
interference with the due administration of justice, except in relation to existing High Court or family court proceedings;
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.
If permission is needed and the application relates to High Court proceedings, the question of permission shall be determined by a single judge of the High Court. If permission is granted the contempt application shall be determined by a single judge or Divisional Court of that Division.
Requirements of a contempt application
Unless and...
