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Civil contempt proceedings—checklist

Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....

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Ireland—Parties to an action

Ireland—Parties to an action STOP PRESS: SI No 14/2025 Rules of the Superior Courts (Guardian ad litem and next friend) 2025 (Ireland) amends Order 15 of the Rules of the Superior Courts (RSC) to provide the procedure for appointment of a next friend for a child plaintiff and of a guardian ad litem for a child defendant. This Practice Note will be updated shortly to reflect the relevant changes. Scope of this Practice Note This Practice Note provides an overview of the types of parties who may become involved (whether as plaintiff, defendant, third parties or notice parties) in civil litigation in Ireland, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of party: corporations, partnerships, sole traders, minors, persons who lack capacity, the estate of a deceased party, State parties, notice parties, amicus curaie and litigants in person. This Practice Note also deals with the procedure for joining a party to proceedings, removing or substituting...

Special Educational Needs and Disability Tribunal (SENDIST)

Special Educational Needs and Disability Tribunal (SENDIST) What is the Special Educational Needs and Disability Tribunal (SENDIST)? The Special Educational Needs and Disability Tribunal (SENDIST) is part of the First Tier Tribunal (FTT) (Health, Education and Social Care Chamber (the Tribunal)). Appeals in respect of decisions of the FTT are made to the Upper Tribunal (UT). The FTT deals with appeals in relation to children and young people with special educational needs (SEN) as well as claims of disability discrimination in relation to school and local authorities (LAs) (such as exclusions from schools). How is a panel constituted? Panels of the FTT are usually made up of three members (although increasingly there are two member panels). The panel always has a legally qualified chair, and the other members are experienced in SEN and disability issues. The UT is comprised of one legally qualified member. When can an appeal be made to the First Tier Tribunal? All parents/guardians and young people have a right to appeal to the FTT:...

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Application—attendance of witness and production of documents

Application—attendance of witness and production of documents [Insert date] [Insert] Employment Tribunal [Insert address] To the [insert] Employment Tribunal [Insert name of case, eg X v Y] Claim Number: [insert claim number] Rule 34—Application for a witness to attend hearing[ and produce documents] We act for the [Claimant OR Respondent] in the above case. We apply to the tribunal under rules 30 and 34 of the Employment Tribunal Procedure Rules 2024, SI 2024/1155 for an order that [insert name] of [insert address] be required to attend the tribunal at [insert address] on [insert date] to give evidence[, and to produce the following documents: [specify]]. We have

Litigation, advocacy and ADR policy

Litigation, advocacy and ADR policy 1 Introduction 1.1 This document sets out our policy for dealing with litigation and advocacy before any court or tribunal and any form of alternative dispute resolution (ADR). It reflects duties imposed on us by the court and the Solicitors Regulation Authority (SRA) as well as general professional duties. 1.2 Failure to comply with these duties can have serious consequences: 1.2.1 the firm or a member of staff could be in contempt of court, which is ultimately punishable by a fine or even imprisonment; 1.2.2 our reputation could be damaged; 1.2.3 the firm or individuals within the firm could be disciplined by the SRA or another regulator, which could lead to fines, disqualification or other sanctions; 1.2.4 we may receive a formal complaint from our client or another party. 1.3 We have always taken our duties to the court seriously and we will continue to do so. 2 Scope of this policy 2.1 This policy covers: 2.1.1 litigation and advocacy before...

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What is the procedure for enforcement under section 28 of the Town Police Clauses Act 1847?

What is the procedure for enforcement under section 28 of the Town Police Clauses Act 1847? Before identifying the procedure for enforcement, it is first necessary to consider what mischief section 28 of the Town Police Clauses Act 1847 (TPCA 1847), seeks to address. When enacted in 1847, TPCA 1847 extended to 'England and Ireland' and now, as a result of the Republic of Ireland securing full independence from the United Kingdon in 1949 (having been established as the Irish Free State within the British Commonwealth from 1922), the Act applies to only England and Northen Ireland. As enacted, TPCA 1847, s 28 had 30 unnumbered subsections, each creating an offence and, in many instances, multiple offences addressing some of the issues facing society in the early Victorian period in England and Ireland. By way of example, the first of the unnumbered subsections (to which numbering has been added by the author to clearly identify and distinguish the five separate offences in created) provided: ‘Every person who [1] exposes for...

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take? At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is that as long as court users do not have confirmed or possible coronavirus (COVID-19) infection or do not need to self-isolate in line with the National Health Service advice, they should continue to use the courts as usual. In the event that they are unable to attend either due to illness or the need to self-isolate, they should contact the court. Can the hearing proceed in the person’s absence? The first point to consider is whether the hearing can proceed without whoever is unable to attend. Depending on the notice given, it may be possible to find alternative counsel or to set up telephone/video-conferencing arrangements, which is something that has been advocated by the Lord Chief Justice....

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USA—Trust Company can email docs in US$149m Ukraine award dispute

Law360, London: A Manhattan federal judge has granted Madison Pacific Trust Ltd's request to let it serve a petition for the enforcement of a US$149m arbitral award against the founders of a Ukrainian grain exporter via email, finding that their physical whereabouts are unknown.

Exploring current trends in private prosecution

Corporate Crime analysis: Brian O’Neill QC at 2 Hare Court Chambers considers the current trends of private prosecutions within the corporate crime sector.