contempt of court

The power vesting in English Courts to punish for contempt of court is a fundamental power to administer the justice system. Proceedings for contempt allow courts to regulate the conduct of those commenting on legal proceedings before courts and individuals appearing before courts, and coerce compliance of individuals who are ordered to do or not to do named acts in court orders. The purpose of the law of contempt to is prevent and/or punish conduct which obstructs, prejudices or presents an abuse to the administration of justice generally or in respect to a particular case.

Actions for contempt in English Courts fall under either criminal or civil jurisdiction of the court. Criminal contempt covers any conduct which seriously interferes with the administration of justice such that punishment is justified from the perspective of the public as a whole. Civil contempt on the other hand is limited to disobedience with a court order or undertakings to the court in civil litigation.

Civil contempts are by and large related to preventing the authority of courts being undermined by parties to litigation or third parties interfering with or obstructing observance of orders made by the court.

Usage: The claimant applied to the Attorney General for consent to commence a law suit for contempt of court against the defendant for the destruction of evidence.

Related Words: litigation; court order; interim order; penal notice.