header-logo header-logo

23 October 2014 / Sophia Purkis
Issue: 7627 / Categories: Features , Profession , Litigation trends
printer mail-detail

In vogue

Committal applications are almost becoming fashionable, says Sophia Purkis

Increasingly claimants are pleading fraud and using the sanctions available to the court to enforce compliance with orders and court rules in the hope that they will assist quicker resolution of their claims. There has recently been a noticeable increase in the number of reported applications for committal in civil claims; indeed following the well-publicised case of JSC BTA Bank v Ablyazov [2014] EWHC 455 (Comm), [2014] All ER (D) 275 (Feb), such applications would appear to have become almost fashionable.

Committal applications

Committal applications can be made for a variety of misdemeanours, such as for breach of a judgment, order or undertaking, contempt in the face of the court, making a false statement of truth and interference with the due administration of justice.

In fraud cases the majority of applications arise from the breach of freezing orders, for example by failing to comply with disclosure obligations or for seeking to put assets out of the claimant’s reach. Where the defendant is a company, committal orders can be made against the directors, officers and controlling

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll