Whilst contempt of Court in UK Civil Proceedings is nothing like a scene from Goliath or an American blockbuster where the Judge immediately orders the ushers to “take him down” and the person caught in a lie, or disrupting the proceedings gets handcuffed and dragged down to the cells, it is still a very important issue which can result in serving a prison sentence. Even in Civil proceedings.
In Civil proceedings in the UK, Contempt of Court is dealt with by Section 81 of the Civil Procedure Rules. Contempt of Court is essentially anything that impedes or jeopardises the administration of justice, or risks doing so. It can take many forms, such as disobeying or breaching a Court Order, breaking an undertaking given to the court, interference with the administration of justice, or contempt in the face of Court.
Interference with the administration of justice would include such matters as making a false statement in a document verified by a statement of truth such as a witness statement or other Court document. If you have been engaged in Civil (or Family) Court proceedings, you will likely have been asked to sign documents, pleadings or Witness Statements, which set out details of your evidence. The signature sections on those documents are referred to as a “Statement of Truth”. Such Statements are dealt with by Part 22 of the Civil Procedure Rules, the Practice Direction to which gives the wording of the same:
“I believe that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”
The signature is, essentially, a reminder of the importance to ensure that everything stated in the document is true, and a warning of what could happen if found to be untrue.
Proceedings for Contempt of Court are not as uncommon as you may think though. This is why when your Solicitor asks you to verify a Statement or Court document with a Statement of Truth, they will be sure to remind you to read through the entire document very carefully to ensure that the content of the same is factually correct and accurate.
Any allegation of Contempt of Court must be proved to the criminal standard of proof (beyond reasonable doubt), even if being dealt with in the County Court (where Civil Proceedings are dealt with). In some cases, the Court will itself proceed against a Defendant who it considers has been in Contempt of Court. It is also open for another party to the proceedings to make an Application to the Court to raise allegations of contempt against the other party.
If found to have been in Contempt of Court, a Defendant can be subject to a number of penalties including an immediate custodial sentence (from one month to a maximum of two years), a suspended sentence, a fine or confiscation of assets. It is imperative, therefore, that if you are accused of Contempt of Court, you take immediate steps to obtain the right legal advice and assistance. If you wish to discuss any such issues, or have any concerns or questions, then please contact our Civil Team on 02920470909.