||All England Reporter
|| All ER (D) 160 (Oct)
|| EWCA Civ 1402
||Court of Appeal, Civil Division
Sir Andrew Morritt V-C, Potter and Carnwath LJJ
||Melanie McDonald (instructed by Gabb & Co) for the claimant.
||The defendant appeared in person.
||11 October 2002
Contempt of court - Committal - Breach of court order - Original order not personally served on defendant - Subsequent orders not served before time for compliance - Defendant failing to comply with orders - Application to commit defendant ||Whether judge entitled to dispense with requirements for service of orders - CCR 29.
The judge in proceedings arising out of a boundary dispute had taken too narrow a view of the wide discretion to dispense with the requirement for service of a mandatory order before the time fixed for compliance.
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