The Law Commission (the Comission) is currently consulting on reforms to contempt of court law and procedure. The Commission’s consultation paper includes reform proposals and questions that may be of considerable interest to practitioners across our business.
We are delighted to be hosting an event that will inform the Commission’s consultation focusing on housing litigation.
The event is an opportunity for the Commission to explain the key proposals and then enable them to hear points raised by practitioners working in housing litigation and encourage engagement in the consultation process. The Criminal Law Commissioner, Professor Penney Lewis, will present the Commission’s proposals as they relate to housing disputes.
Anthony Collins has already begun to consider how the proposed reforms could impact housing litigation.
Issues to be canvassed at the consultation event include:
- liability for contempt by breach of order, including breach of an ABSI;
- the practicalities of managing contempt applications and proceedings, especially where committal to prison may be ordered;
- the introduction of a uniform set of procedure rules for all contempt proceedings, as well as specific procedural issues, including in relation to affidavit evidence, powers of immediate temporary detention, permission requirements, and the responsibility for enforcing a court order;
- legal aid and representation, and;
- costs.
The Commission’s proposals regarding remedies and sanctions include:
- the introduction of interim remedies to ensure compliance with court orders before contempt proceedings are used;
- the introduction of community sentences and the power to order a pre-sentence report;
- the introduction of sentencing guidelines for contempt, and;
- the publication of contempt judgments.
Who should attend?
We encourage housing providers, housing litigators/advocates, members of the judiciary and court officers to attend this event and engage with the consultation to help shape the future of contempt of court law, that impacts on all of us in the practice of housing litigation.