The Importance of Complying with Court Orders – Contempt of Court

What is Contempt of Court?

There are two types of contempt of court; criminal and civil. This blog is focused on civil contempt.

Civil contempt is intended to enforce compliance with a court order (or undertaking). Civil contempt is conduct which is punishable by the Court to ensure that Court orders are adhered to. The conduct is not in itself a crime.

Applications in the civil courts for contempt of court are becoming more common. Examples of civil contempt of court include deliberately breaching a court order, or breaching an undertaking given in the course of litigation

The practices and procedures for contempt applications are currently set out in Part 81 of the CPR.

What needs to be proved?

In order to establish contempt of court arising from the breach of a court order, it is necessary to show that:

1. The individual knew the terms of the order;
2. The individual acted, or failed to act, in a manner which involved a breach of the order; and
3. The individual knew of the facts which made the conduct a breach.

Although applications for civil contempt of court are made in the civil court, the three elements set out above must be proved beyond reasonable doubt, which is the criminal standard of the proof. The burden of proof is higher than that usually imposed in the civil court, because if an individual is found in contempt, a potential sanction is imprisonment.

If you fail to comply with a court order, but it was impossible to comply with the action set out in the Court order, you may not be in contempt of court. This is because if it is impossible to do something, there is no element of choice in the failure to comply.

Sanctions

If an allegation of contempt can be proved beyond reasonable doubt, the court has the power to punish a civil contempt by making an order for committal to prison for a period of up to two years, a financial penalty, or confiscation of assets.

A custodial sentence – A civil court can impose a custodial sentence if civil contempt is proved. The custodial sentence must be for a fixed term and the court can impose a maximum term of 2 years.

Fine – There is no statutory limit to the amount of a fine, unless it is imposed by an inferior court (such as a Coroner’s Court) in which case it is £2,500. If a fine is the appropriate punishment, it is not appropriate to impose a custodial sentence just because an individual is unable to pay the fine.

Confiscation of assets – the Court may impose a writ of sequestration against the property of the individual found in contempt. This means that enforcement officers are appointed to enter the individual’s property and take control of the individuals assets, and receive rents and profits from these assets.

A person in contempt of court can try and “purge the contempt” by apologising to the court and attempting to put right the fault, i.e. by complying with the original order.

Recent Updates

The Law Commission is currently conducting a review of the law on contempt of court. The purpose of the review to improve the effectiveness, consistency, and coherence of the law of contempt in England and Wales.

Issues often arise from the multiple ways in which contempt can be committed, the distinction between civil and criminal contempt of court, and the overlap between the law of contempt and criminal offences relating to the administration of justice (such as perverting the course of justice). It is thought that clearer rules and laws will help ensure that the contempt regime operates more fairly.

In July 2024, the Law Commission published a consultation paper containing provisional proposals including:

1. Clarification and codification of the law of contempt, including removing the distinction between criminal contempt and civil contempt. This would be replaced by three forms of contempt: general contempt; contempt by breach of order or undertaking; and contempt by publication when proceedings are active;
2. Increased transparency through the publication of judgements in contempt cases where the Court imposes imprisonment;
3. Greater consistency and fairness for defendants through clear and uniform procedures that enable the court to deal consistently with conduct that may constitute contempt of court. It was also proposed that the sanctions be extended to include the ability to impose conditions such as unpaid work, curfews, residence requirements, mental health, drug or alcohol treatment or monitoring conditions;
4. Proposals to empower certain tribunals to deal with contempt, as the law of contempt does not apply to many tribunals. It is thought that this would enable tribunals to control their own proceedings more effectively.

The consultation closed on 29 November 2024. The Law Commission are now developing their final recommendations for reform and the final report will likely be published in late 2025.

We understand the serious implications of contempt of court and the importance of complying with court orders. Our experienced Dispute Resolution team can advise you on your obligations and represent you if you’re facing enforcement action. If you have concerns about a court order or need legal advice, call 0330 822 3451 or request a callback.