The Civil Procedure Rules 1998

[F1 SECTION 3 E+W Committal for interference with the due administration of justice

Textual Amendments

F1 Pt. 81 inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 16, Sch. (with rule 20)

Scope E+W

81.12.— (1) This Section regulates committal applications in relation to interference with the due administration of justice in connection with proceedings—

(a) in the High Court;

(b) in a Divisional Court;

(c) in the Court of Appeal;

(d) in an inferior court (which includes [F2 the County Court]); or

(e) which are criminal proceedings,

except where the contempt is committed in the face of the court or consists of disobedience to an order of the court or a breach of an undertaking to the court.

(2) This Section also regulates committal applications otherwise than in connection with any proceedings.

(3) A committal application under this Section may not be made without the permission of the court.

(The procedure for applying for permission to make a committal application is set out in rule 81.14.)

(Rules 81.17(5) and (6) make provision for cases in which both this Section and Section 6 (Committal for making a false statement of truth or disclosure statement) may be relevant.)

Textual Amendments

F2 Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)

Court to which application for permission under this Section is to be made E+W

81.13.— (1) Where contempt of court is committed in connection with any proceedings—

(a) in the High Court (other than proceedings in a Divisional Court), the application for permission may be made only to a single judge of the Division of the High Court in which the proceedings were commenced or to which they have subsequently been transferred;

(b) in a Divisional Court, the application for permission may be made only to a single judge of the Queen’s Bench Division;

(c) in the Court of Appeal, the application for permission may be made only to a Divisional Court of the Queen’s Bench Division;

(d) in an inferior court, the application for permission may be made only to a single judge of the [F3 High Court]; and

(e) which are criminal proceedings, the application for permission may be made only to a Divisional Court of the Queen’s Bench Division.

(2) Where contempt of court is committed otherwise than in connection with any proceedings, the application for permission may be made only to the Administrative Court.

Textual Amendments

F3 Words in rule 81.13(1)(d) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 12 (with rule 25)

Application for permission (High Court, Divisional Court or Administrative Court) E+W

81.14.— (1) The application for permission to make a committal application must be made by a Part 8 claim form which must include or be accompanied by—

(a) a detailed statement of the applicant’s grounds for bringing the committal application; and

(b) an affidavit setting out the facts and exhibiting all documents relied upon.

(2) The claim form and the documents referred to in paragraph (1) must be served personally on the respondent unless the court otherwise directs.

(3) Within 14 days of service on the respondent of the claim form, the respondent—

(a) must file and serve an acknowledgment of service; and

(b) may file and serve evidence.

(4) The court will consider the application for permission at an oral hearing, unless it considers that such a hearing is not appropriate.

(5) If the respondent intends to appear at the permission hearing referred to in paragraph (4), the respondent must give 7 days’ notice in writing of such intention to the court and any other party and at the same time provide a written summary of the submissions which the respondent proposes to make.

(6) Where permission to proceed is given, the court may give such directions as it thinks fit, and may—

(a) transfer the proceedings to another court; or

(b) direct that the application be listed for hearing before a single judge or a Divisional Court.]