Contempt of court

Successfully securing the dismissal of Contempt Proceedings arising out of the widely reported case of Muyepa v Ministry of Defence [2022] EWHC 2648 (KB).

The Proceedings, which arose out of Mr. Muyepa’s record £3.7m claim for non-freezing cold injuries against the Ministry of Defence, will now not proceed to trial, meaning that Mr. and Mrs. Muyepa will not be found guilty of Contempt of Court and will not face the prospect of being committed to prison for Contempt of Court.

Reporting:

• Daily Mail
• The Mirror

Acting for the successful Defendant, Dr Wright, before a Divisional Court of the King’s Bench Division, in submitting that it was not in the public interest for Contempt Proceedings concerning an alleged breach of an embargoed judgment to proceed. The case garnered a large amount of publicity given that it arose out of a defamation case brought by Dr Wright, following Mr McCormack’s statements casting doubt on Dr Wright’s assertion that he is Satoshi Nakamoto, the founder and inventor of bitcoin.

Case Report:

• BAILII

Reporting:

• The Independent

Successfully representing the 2nd Defendant in Contempt of Court proceedings in obtaining a refusal of the Claimants’ Application for Permission to bring Proceedings. Joanna Smith J determined that the Application did not begin to satisfy the test of a ‘strong prima facie case’ and nor was it in the public interest for contempt proceedings to be brought, especially when the Defendant’s “professional reputation had already been dragged through the mud”. The Judge also confirmed that when a defendant to contempt proceedings was not a party to the substantive proceedings that give rise to the application, then the Judgment from the substantive proceedings is inadmissible.

Case Report:

• BAILII

Reporting:

• The Law Society Gazette

Janes Solicitors instructed on a precedent setting case in the Court of Appeal which confirmed that Respondents who are subject to Contempt proceedings should be afforded the right to silence. The Appellant had been committed for contempt by the Respondent after allegedly breaching a freezing order made during family proceedings. He attended the contempt hearing as a litigant in person and gave evidence without being warned by the judge of his right to silence. He was subsequently found to have been in contempt and Janes Solicitors successfully appealed this ruling.

Case Report:

• BAILII

Reporting:

• Daily Mail