Source: All England Reporter
Publisher Citation: [2002] All ER (D) 160 (Oct)
Neutral Citation: [2002] EWCA Civ 1402
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt V-C, Potter and Carnwath LJJ

Representation Melanie McDonald (instructed by Gabb & Co) for the claimant.
  The defendant appeared in person.
Judgment Dates: 11 October 2002

Catchwords

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 Case

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.

Practice Areas

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