Breaking Bad Behaviour: Contempt Of Court

The concept of contempt was established at common law as "an act or omission calculated to interfere with the administration of justice". Whilst courts still take statute (such as the Contempt of Court Act 1981) as the basis for ascertaining what constitutes contempt, case law has established how the courts handle it. The case of Heathcliffe Properties LTD v (1) Rasmikant Premchand Dodhia (2) Vanita Rasmikant Dodhia (2016) exemplifies how parties may become the subject of a committal application, if they intentionally breach a court order. Whilst the Defendants were found to have behaved throughout the proceedings in an obstructive and uncooperative manner, given that they were first-time offenders and had promised to comply with future orders, the court held that any immediate custodial sentence would be unjustified. Instead, fines of £25,000 were imposed on each Defendant for their contempt of court.

Background to the committal application

Following the dissolution of a partnership at will between the parties in 2006, Heathcliffe Properties Limited brought proceedings against Mr and Mrs Dodhia in 2007. The dispute was settled between the parties after mediation in 2012. It was agreed that various partnership properties were to be sold and the net proceeds of sale divided. However, the Dodhias sought to hinder and prevent the agreed sales.

In the ensuing litigation, Master Marsh considered that the Dodhias had behaved in an "extremely unsatisfactory" manner, showing an inability or unwillingness to deal with the matter from the onset of the litigation and throughout 2016. When the Dodhias ceased to be legally represented, they also stopped attending court hearings. On 10 May 2016, Master Marsh ordered the Dodhias to attend a further hearing before him, to give them a final opportunity to assist the court with the agreed sale of properties. When they did not attend, the Claimant applied for an order that the Dodhias be committed to prison for contempt of court.

Contempt: the rules

The purpose of a sentence for contempt of court is twofold: to punish the offender for his offence; and to attempt to secure compliance with a court order (Crystal Mews Ltd v Metterick (2006)). Therefore, the court should consider the questions of culpability and harm. The following factors should be taken into account:

whether the other party to the litigation had been prejudiced by virtue of the contempt; whether that prejudice was capable of remedy; the extent...