Contempt of court in England and Wales refers to conduct that interferes with, or poses a risk of, interfering with the administration of justice. This is generally dealt with under Part 81 of the Civil Procedural Rules. The most common examples include disobeying court orders and conduct that is disruptive and prejudicial to proceedings. In practice, there are several kinds of contempt:
Civil contempt: disobeying a court order
Civil proceedings contempt can come in different forms, including but not limited to:
- Breaching an injunction, such as non-disclosure or freezing orders
- Failure to comply with mandatory directions from the court
- Breaching an undertaking to the court
False statement verified by a statement of truth
This can occur when someone signs a legal document, stating it is true but knowingly including false information. The consequences may include fines or imprisonment of up to two years. For example, false claims about personal injury in a statement of truth led to a 6-month sentence in North Bristol NHS Trust v White.[1]
Contempt in the face of the court
When a person exhibits disruptive conduct in a courtroom that hinders the ongoing proceedings, such as:
- Shouting or demonstration of other disrespectful behaviour
- Threatening other individuals in the courtroom
- Refusing to answer questions
- Interfering with witnesses
This is a form of criminal contempt that can amount to a term of imprisonment for up to two years, fines, or both.
Submitting a contempt application
Before a claimant can bring a contempt application under CPR 81.3 for interfering with the administration of justice (excluding High Court or County Court proceedings) or knowingly making a false statement of truth, they must first obtain the permission of the court.
Alternatively, the undertakings for a contempt application need to be precise about the specific contemptuous action, with these clearly outlined and supported by factual evidence. A detailed witness statement or affidavit may be needed with recorded proof (e.g., emails, messaging, digital logs) to support the claim.
Strict compliance with procedural requirements is expected from the court because it is an application intending to impose serious penalties or to commit someone to serving time in prison. Such serious repercussions mean these applications must be made appropriately and considered seriously by the court.
At Nath Solicitors we provide legal expert advice on disputes. If you need assistance, please call us on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.
[1] [2022] EWHC 1313 (QB).