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...