The Civil Procedure Rules 1998

[F1 How to make a contempt application E+W

81.3.— (1) A contempt application made in existing High Court or county court proceedings is made by an application under Part 23 in those proceedings, whether or not the application is made against a party to those proceedings.

(2) 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 county court, it shall be determined by a Circuit Judge sitting in the county court [F2 , unless under a rule or practice direction it may be determined by a District Judge].

(3) A contempt application in relation to alleged interference with the due administration of justice, otherwise than in existing High Court or county court proceedings, is made by an application to the High Court under Part 8.

(4) Where an application under Part 8 is made under paragraph (3), the rules in Part 8 apply except as modified by this Part and the defendant is not required to acknowledge service of the application.

(5) Permission to make a contempt application is required where the application is made in relation to—

(a) interference with the due administration of justice, except in relation to existing High Court or county court proceedings;

(b) 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.

(6) 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.

(7) 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 Division in which the case is proceeding. If permission is granted the contempt application shall be determined by a single judge or Divisional Court of that Division.

(8) If permission is needed and the application does not relate to existing court proceedings or relates to criminal or county court proceedings or to proceedings in the Civil Division of the Court of Appeal, the question of permission shall be determined by a single judge of the [F3 [F4 King’s] Bench Division]. If permission is granted, the contempt application shall be determined by [F5 a single judge of the [F4 King’s] Bench Division or] a Divisional Court.]

Textual Amendments

F1 Pt. 81 substituted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rule 1(1), Sch.

F2 Words in rule 81.3(2) inserted (27.11.2020) by The Civil Procedure (Amendment No. 6) Rules 2020 (S.I. 2020/1228), rules 1(1), 3(a)

F3 Words in rule 81.3(8) substituted (27.11.2020) by The Civil Procedure (Amendment No. 6) Rules 2020 (S.I. 2020/1228), rules 1(1), 3(b)(i)

F4 Word in rule 81.3(8) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 38

F5 Words in rule 81.3(8) inserted (27.11.2020) by The Civil Procedure (Amendment No. 6) Rules 2020 (S.I. 2020/1228), rules 1(1), 3(b)(ii)