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The Civil Procedure Rules 1998, Section 81.28 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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81.28.—(1) Unless the court hearing the committal application or application for sequestration otherwise permits, the applicant may not rely on—
(a)any grounds other than—
(i)those set out in the claim form or application notice; or
(ii)in relation to a committal application under Section 3 or 4, the statement of grounds required by rule 81.14(1)(a) (where not included in the claim form) or 81.15(4)(a); or
(b)any evidence unless it has been served in accordance with the relevant Section of this Part or the Practice Direction supplementing this Part.
(2) At the hearing, the respondent is entitled—
(a)to give oral evidence, whether or not the respondent has filed or served written evidence, and, if doing so, may be cross-examined; and
(b)with the permission of the court, to call a witness to give oral evidence whether or not the witness has made an affidavit or witness statement.
(3) The court may require or permit any party or other person (other than the respondent) to give oral evidence at the hearing.
(4) The court may give directions requiring the attendance for cross-examination of a witness who has given written evidence.
(5) If the court hearing an application in private decides to make a committal order against the respondent, it will in public state—
(a)the name of the respondent;
(b)in general terms, the nature of the contempt of court in respect of which the committal order is being made; and
(c)the length of the period of the committal order.
(Rule 39.2 contains provisions about hearings in private.)
(6) Where a committal order is made in the absence of the respondent, the court may on its own initiative fix a date and time when the respondent is to be brought before the court.]
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