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29 April 2022
Issue: 7976 / Categories: Case law , In Court , Law digest
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Law digests: 29 April 2022

Contempt of court

Braintree District Council v Wilson and others [2022] EWHC 753 (QB), [2022] All ER (D) 18 (Apr)

The Queen’s Bench Division allowed the claimant local authority’s committal application for contempt of court, against the first defendant. The application had been brought on the basis that the defendant had breached court orders following alleged breaches of planning control, through causing or allowing unauthorised works to be done on his land. Prior to the hearing, the defendant had largely admitted the allegations upon which the applications had been based, such that the main issue before the court was to decide on the appropriate sanction. The court held that the defendant’s breaches of court orders had amounted to criminal contempts. The defendant’s culpability had been high, due to his failure to engage with the planning process, his refusal to comply with court orders, and his evasive and untruthful response to committal proceedings. There had been a significant harm or risk of harm due to the defendant’s breaches. Despite the presence of several mitigating factors, the court would make a suspended order for

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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