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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was held in contempt of a high court order which required

Customer Question

I was held in contempt of a high court order which required me to move waste from land I owned. I didnt carry out the works and was committed to prison for contempt for 6 months.

At the same hearing a sequestration order was granted seizing my assets.

1. Having now being released from prison having served all of the required sentence is the order to clear the land still enforceable ?

2. Has the making of the sequestration order seizing my assets, which lone prevents me from raising funds to move waste, stops the original order being enforce bringing it to an end ?

Your help would be very much be appreciated

Regards

Robert
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply. !
Alex Watts : Have any of the original orders been revoked please?
JACUSTOMER-v8d2fcqa- : None, I was released from prison and have heard nothing but feel I have this hanging over my head
Alex Watts : Ok - the order to remove waste is still valid.
Alex Watts : Unless that order is revoked or varied it still needs to be complied with.
Alex Watts : You were sent to prison for non compliance of an order, but it still exists.
Alex Watts : Same with the sequestration. Unless it is varied it still exists.
Alex Watts : If you disagree with the original orders you need to appeal or apply to set aside.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-v8d2fcqa- : The court with is own doing has prevented me from carrying out the order by removing my assets this could of only been done for one reason for the assests to be liquidated and the funds used to clear the site .
JACUSTOMER-v8d2fcqa- : Surely the court by its own actions have varied the original order? By taking my assets I have no means of removing the waste, my assets have been seized and sold for what reason other then the money is to be used to remove the waste.
JACUSTOMER-v8d2fcqa- : It is surely clear that the 6 month prison sentence was to punish me for failing to carry out the order
JACUSTOMER-v8d2fcqa- : The sequestration order took my assets for what reason..... For the claimant to liquidate my assets and fund the removal of the waste.
JACUSTOMER-v8d2fcqa- : How on earth can the court have it bother ways ?
JACUSTOMER-v8d2fcqa- : To take away my ability to carry out the order then still expect me to comply with the order must be wrong ?
JACUSTOMER-v8d2fcqa- : How do you suggest that I fund firstly any removal if the waste ? Or any application to the court ?
JACUSTOMER-v8d2fcqa- : By removing my assests and destroying my business , that paid hundreds of thousands of pounds in tax every year , I have no income and currently claim benefits .
JACUSTOMER-v8d2fcqa- : Who has the money from the sale of my assets ? What are they being used for ?
JACUSTOMER-v8d2fcqa- : You answer to my original question asks more questions then it answers
Alex Watts : You need to appeal or vary the original order. Until it is revoked it is still in focrce.
Alex Watts : You can apply to the court to release funds to allow you to do the work,
Alex Watts : They should currently be with the court, the funds. You therefore make an application to release these funds
Alex Watts : The original order stands until it is revoked or varied. It just does not go away.
Alex Watts : If the court has seized assets, they are liquidated and the claimant pays for the removal then there will have been compliance.
Alex Watts : If there is a balance left you get that, they can not just keep it.
Alex Watts : Can I clarify anything else?
JACUSTOMER-v8d2fcqa- : Is there a point of law you can refer me to in the CPR ?
JACUSTOMER-v8d2fcqa- : Did the court not vary the order by making it impossible for me to carry out its contents ?
JACUSTOMER-v8d2fcqa- : What if the claimant defends the order ?
Alex Watts : The CPR is clear, unless the order is varied or revoked, it still stands.
Alex Watts : You can't assume that by not varying the order it makes it impossible to carry out and therefore void.
Alex Watts : That is what a set aside or appeal is for.
Alex Watts : The claimant may well oppose any appeal. But the a judge will decide whether the court below got it wrong.
Alex Watts : Does that clarify?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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JACUSTOMER-v8d2fcqa- : My case was brought about by action taken by the Environment Agency.
JACUSTOMER-v8d2fcqa- : Who at the time they had me committed to prison they obtained a sequestration order and removed my licence to operate the site where the waste is held.
Alex Watts : Yes, but the Order stands until revoked.
JACUSTOMER-v8d2fcqa- : If I do nothing what can the EA do now to force me to remove the waste ? As it seems they by there own actions have taken away my ability to remove the waste.
Alex Watts : Well if you don't comply then they can apply to the court to commit you again. It is a court order which need to be complied with.
Alex Watts : Does that clarify the position?
JACUSTOMER-v8d2fcqa- : Having had the EA (action agreed by the court) remove any ability I had with carrying out the court order, removing my assets, my licence to operate the site and imprison me you are saying the EA could try to enforce the order again unless I get the order revoked ?
Alex Watts : If you do not comply with the original order, yes they could apply to commit you for non compliance.
Alex Watts : If the aodsrr
Alex Watts : If the Order is in place it must be complied with.

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