Albion Chambers

Contact

Bristol

Broad Street

BS1 1DR

Taunton

29 Park Street

TA1 4DG

0117 927 2144

clerks@albionchambers.co.uk

Welcome to Albion Chambers

Albion Chambers was established over 100 years ago and has an excellent reputation across the Western Circuit for integrity, approachability and the highest quality of advice and advocacy.

Chambers is led by Adam Vaitilingam QC and has 74 barristers including three Queen’s Counsel. There are two door tenants, both of whom are Queen’s Counsel.

Expertise

Experience

Reassurance

Contempt of Court - Spring Series: 6/15

Evidence and the Heaing

Contempt of Court - Spring Series: 5/15

Civil Contempt: Making and Serving the Application

When are contempt proceedings appropriate?

Prior to considering the procedural steps involved, it is critical that you give full consideration to whether or not it is appropriate to bring committal proceedings. The bringing of committal proceedings in circumstances where it is not appropriate to do so can result in significant costs consequences for your client. We looked at this earlier in the series in the Legal Framework bulletin.
 

Contempt of Court - Spring Series: 4/15

Civil Contempt: Permission and Appropriate Forum

Types of case requiring permission

CPR 81.3(5) provides that permission to bring committal proceedings is only required in two types of cases: 

Domestic abuse fact findings in private proceedings – A roadmap through Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448

You may recall that Clare Fear wrote about a highly anticipated Judgment from the Court of Appeal on the issue of how the family court deals with domestic abuse in private proceedings. The Judgment was released yesterday morning; this article focusses on the guidance given – rather than the four appeals – with reference to key passages and excerpts.
 
Roadmap:

Contempt of Court - Spring Series: 3/15

3/15 Civil Contempt: Summary of the Changes in CPR 81

Background and consultation

With effect from 1 October 2020, there is a completely redrafted CPR 81, and Practice Direction 81 is revoked in its entirety with regard to proceedings for contempt of court.

In consultation: ‘Proposed rule changes relating to contempt of court: redraft of CPR Part 81’, which ran from 9 March 2020 to 1 May 2020, the Civil Procedure Rule Committee stated that in its view the procedural aspects of the existing CPR in relation to committal proceedings were:

Contempt of Court - Spring Series: 2/15

Civil Contempt Proceedings: Legal Framework

The legal framework of contempt proceedings

CPR 81 governs committal proceedings.

As applications for committal for contempt can result in imprisonment or other draconian sanctions, including confiscation of assets, specific regard must be had to article 6 of the European Convention on Human Rights (ECHR). For more information, see Inplayer Ltd (formerly Invideous Ltd) v Thorogood [2014] EWCA Civ 1511.

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