Source: All England Reporter
Publisher Citation: [2002] All ER (D) 160 (Jan)
Court: Court of Appeal, Civil Division
Judge:

Laws and Jonathan Parker LJJ

Representation Richard Morgan (instructed by Stephenson Harwood) for the claimant.
  Simon Browne-Wilkinson QC (instructed by Michael Segen & Co) for D.
Judgment Dates: 23 January 2002

Catchwords

Contempt of court - Committal - Appeal against committal - Judge making order contemnor pay claimant's costs on indemnity basis - Whether appeal as of right against order - Whether order committal order - Administration of Justice Act 1999, s 54 - s 13 - CPR 52.3.

The Case

Having regard to the specific exceptions in CPR52.3 to the requirement for permission to appeal, the natural meaning of 'committal order' in CPR52.3(1)(a) was an order committing a person to prison. It followed that a costs order made in proceedings for contempt of court was not a committal order, and thus that permission was required to appeal such an order.

Practice Areas

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