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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A public authority has failed to obey a court order to reconsider

Customer Question

A public authority has failed to obey a court order to reconsider an application in terms of Section 31(5)A of the Senior Courts Act 1981 over the last 6 months.
How should I apply to the court for contempt please: I'm acting in person.
I don't know the correct form to use or the necessary process.
Some say I should just write to the Judge who issued the Order but it sounds too simple and others say I should follow Part 81 to CPR, which I am not conversant with.
Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you briefly explain the background to your claim?

JACUSTOMER-egd521kn- :

C concluded judicial review proceeding in May 2014. Order issued to D to reconsider the same application for period between 10/10/2010 and 09/10/2011. D instead, undertakes a fresh assessment for period 06/10/2011 and 05/10/2012 instead of reconsideration as ordered. D concedes to not having any policy guidance or legitimate basis to support the period engaged and their action. C rejects 're-assessment' in new period instead of the order to reconsider same period.



C now seeks to approach Court to grant application as there is no other alternative had D not made the error in the first place. It is 6 months since the order was sealed.

Alex Watts :

Was there a penal notice on the original Court order?

JACUSTOMER-egd521kn- :

No

Alex Watts :

Ok - then you can't go for contempt. You can only go for contempt if the party has been warned that if you disobey it you could be sent to prison

Alex Watts :

What you need to do is take the matter back to Court and get the Judge to rebuke them and order that they MUST do what is required and attach a penal notice.

Alex Watts :

Once you have a penal notice and they disobey then you can go for committal

Alex Watts :

But unless you have a penal notice then its unlikely you can get them done for contempt.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-egd521kn- :

Can I apply to the court in person - just by providing a chronology, evidences to date and a cover letter seeking the court's attention to the matter (assist with title or direction of the letter please), or must it be through a solicitor?

Alex Watts :

YEs you can do this yourself.

Alex Watts :

Does that help?

JACUSTOMER-egd521kn- :

Yes: many thanks.

Alex Watts : Can I clarify anything else for you?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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