Defendent fail to comply with court order

[hatsoff]

This is not to do with family or money.

 

 

I took a company to court over defamation.

 

 

I wrote to the company over 18 months requesting a SAR as the incident was recorded on cctv

but they failed to provide it even though all the conditions laid down by the ICO were met.

All I got was excuse after excuse.

 

 

I contacted the ICO and they agreed I had met their criteria but the data controller had the last say.

I had letters from the company to say they had identified me.

The final straw was when I was asked to take my passport into their head office some 200 miles away.

I was prepared to take it to the local branch but they deemed this unacceptable.

 

 

I made application to the court and the judge asked what I wanted - my reply was a letter to retract their accusations.

The court order was in my favour and the order stated that I should be in possession of this letter on a certain date by a certain time.

This failed to happen so to my mind this is a breach ot the order and constitutes indirect contempt of court.

 

 

I can find plenty of legislation in CPR rules but it is all to do with HSE, family law or money.

 

 

I would appreciate any advice as to what my next step should be as I do not feel trying an enforcement order will be of any use

and as they disobeyed the court order it should be dealt with as indirect contempt.

 

 

There was no order against me for costs although I believe it is normal for the applicant to suffer the costs except under special circumastances.

 

Thanks

 

Hatsoff

Edited June 15, 2015 by hatsoff
spelling mistake

[steampowered]

What, exactly, does the court order say? Perhaps you are able to type out an extract from it?

 

It would be very strange for a court order to say that someone must write a letter retracting certain allegations. That's very vague for a court order.

[hatsoff]

Steampowered

 

The defendent an I agreed with the Judges resolution that if the company retracted their accusation in writing and I made no further applications the matter could be put to bed).

 

Upon hearing the claiment in person and hearing the solicitor for the defence.

 

IT IS ORDERED THAT

 

1) the application be dismissed

 

2) The resopndant do write to the applicant by 10 am on the 11 June withdrawing the accusation in its entirety.

 

3) The applicant will make no further application in relation to the accusation or incident of 28 September 2013

 

4) There be no order for costs

 

Dated 12 May 2015

[Ganymede]

I assume that the Defendant's Solicitor agreed to the terms of that Order?

 

Contempt of Court is not a matter for you and only very, very rarely will a Court find that the matter should be transferred to the magistrates Court for a criminal prosecution.

 

You could apply for an "Unless Order" but this will be costly and practically there is not much you can do if they ignore that too.

[hatsoff]

Yes the solicitor agreed the terms of the order. This is a civil matter not criminal under CPR guidelines and practices the penalty for indirect contempt applies to criminal and civil courts and a county court judge seems to have the power to order sanctions against a company or director, I read somewhere up to two years in prison and or unlimited fine. I do not see why it should be referred to a criminal court. however there is a lot to wade through in CPR part 3 and a lot I am unsure of.

[Ganymede]

Contempt is a criminal matter and for the Judge to decide if it should be referred to a criminal Court for prosecution.

[hatsoff]

There are two types of contempt of court: criminal contempt and civil contempt

 

Civil contempt often involves the failure of someone to comply with a court order. Judges use civil contempt sanctions to coerce such a person into complying with a court order the person has violated.

[Ganymede]

There are two types of contempt of court: criminal contempt and civil contempt

 

Civil contempt often involves the failure of someone to comply with a court order. Judges use civil contempt sanctions to coerce such a person into complying with a court order the person has violated.

 

Thanks for the law lesson.

[hatsoff]

Thanks for the law lesson.

 

I am sorry if I caused offence and had no intention of being derogatory. I am on a state pension and can not afford professional counsel, since the Government withdrew what in my day was green form or legal aid for civil actions. I am on this site to seek help from people who have gone through or had experience of these matters, if their reply is right or wrong it gives me another avenue to pursue.

 

The Judge was fair and honourable and I could ask no more, however if one can disobey the court than the ministry of justice rules play no part in society and not fit for purpose, and we will revert back to the law of the jungle. In this sense the Government and judiciary should relieve the tax payer of the burden of the upkeep of the civil court system and privatize it.

[legalistic]

hatsoff, I don't think the judge found in your favour. I think there is an error in the order. It was for you to write to the other side withdrawing the accusation.

[Ganymede]

hatsoff, I don't think the judge found in your favour. I think there is an error in the order. It was for you to write to the other side withdrawing the accusation.

 

I don't think that's correct.

 

It would help if the OP gave a more detailed background though.

[Ganymede]

I am sorry if I caused offence and had no intention of being derogatory. I am on a state pension and can not afford professional counsel, since the Government withdrew what in my day was green form or legal aid for civil actions. I am on this site to seek help from people who have gone through or had experience of these matters, if their reply is right or wrong it gives me another avenue to pursue.

 

The Judge was fair and honourable and I could ask no more, however if one can disobey the court than the ministry of justice rules play no part in society and not fit for purpose, and we will revert back to the law of the jungle. In this sense the Government and judiciary should relieve the tax payer of the burden of the upkeep of the civil court system and privatize it.

 

Your options are limited.

 

Have you called the other sides solicitors to chase them?

[hatsoff]

Your options are limited.

 

Have you called the other sides solicitors to chase them?

 

Yes, on behalf of the defendant they claim the solicitor was a self employed working in the South Eastern circuit and since the case they no longer instruct that person

 

The company I am in dispute with claims their representative was an advocate but this has many meanings,. they were not a member of the Bar nor were they registered with the SRA and checking with inner temple or the great inns in London showed no registration with them, nor any any pupillage granted to this person.

 

I have also notified the offending company that the time for them to comply was about (now expired ) expire but they have made no request for relief. .So I will write to to the presiding Judge that their order has not been complied with and sanctions should be applied,. what ever good this will do me, as the county court appears not to have reached the benchmark of justice for the person only for the Crown

[hatsoff]

I don't think that's correct.

 

It would help if the OP gave a more detailed background though.

Ganymede

 

You are correct Legalistic is incorrect the application was only dismissed on the terms agreed by the defendants solicitor and myself overseen by the Judge

Some 18 months ago I purchased some items from a company. I never checked my bill I just put the receipt in my trouser pocket with the change,several days later my wife emptied my trouser pockets and checked the receipt she commented on the price of one item and it was clear I had been overcharged. I did not return straight away as I had used this company for many years. When I went back a few days later I asked to see the manager and explained I could not find the original receipt and he did not want to know, he was terse and arrogant and walked off. On my next visit I asked to speak to the manager and being a large organization I expected to get another manager however it was the same one. I was with several colleagues who have influential standing in the community and was told by the manager I was a low life and and was trying it on along with other phrases which I will not post. Prior to the court order expiring I contacted the company's legal department and explained the consequences of failure to comply with a court order and on my return on the 15 June I would petition the court and request they apply sanctions. I had drafted the letter for service to the court by hand on my next visit to chambers on Wednesday 17 July. Just after 1600 Hrs today I received an email from the company stating they had complied with the court order and a recorded letter was in the post so thankfully the episode is now behind me.

 

I thank all those who have commented and assisted

[Ganymede]

Glad it all worked out for you.

[legalistic]

hatsoff and ganymede, I remain mystified, particularly since a county court does not normally hear libel cases. I suspect the company had customer relations in mind in its eventual withdrawal of its statements.Libel matters are not heard by application either, I don't think, although the law is constantly getting simplified.I note, hatsoff, that you had made several applications. No doubt the court, and indeed the company, was getting fed up with the matter.I'm pleased for you, though, that it all worked out. Also that you didn't have to pay any costs.

[Ganymede]

hatsoff and ganymede, I remain mystified, particularly since a county court does not normally hear libel cases. I suspect the company had customer relations in mind in its eventual withdrawal of its statements.Libel matters are not heard by application either, I don't think, although the law is constantly getting simplified.I note, hatsoff, that you had made several applications. No doubt the court, and indeed the company, was getting fed up with the matter.I'm pleased for you, though, that it all worked out. Also that you didn't have to pay any costs.

 

I was too but it's a moot point now.

[hatsoff]

hatsoff and ganymede, I remain mystified, particularly since a county court does not normally hear libel cases. I suspect the company had customer relations in mind in its eventual withdrawal of its statements.Libel matters are not heard by application either, I don't think, although the law is constantly getting simplified.I note, hatsoff, that you had made several applications. No doubt the court, and indeed the company, was getting fed up with the matter.I'm pleased for you, though, that it all worked out. Also that you didn't have to pay any costs.

 

 

 

Legalistc

 

I made one correct application to the court.(N244) It is cheaper to start an action in the County Court and trust they can resolve it.prior to escalation to a superior court . I requested my application be heard without either parties being present as I had written to the defendant to ask if they agreed with the court time lines and they failed to revert. I advised the court and requested it be resolved by a Judge, for which at the time the fee was £50. It was at the request of the Judge both parties attended a hearing. I was summoned to London on the day of the court hearing without due notice from the court and as the ordinance of the realm superceded my summons to one of the great temples in London out of respect I attended the local court hearing, which was to my benefit in the eyes of the Judge.

 

The law is getting simplified, not for the plaintiff's benefit but for the judiciary at the expense of the plaintiff. I spent many years studying criminal law and was told should I take the exams I would be offered a pupillage, which I did not do much to my regret. However now I am on this site I will gladly be of assistance if possible.

 

hatsoff

[Ganymede]

I think it's your terminology throwing people off.

 

You say you issued an application in the County Court for defamation when I suspect you mean issued a claim for slander.

 

Also the fact that you started your claim in the County Court is confusing as s. 15 of the County Courts Act 1984 doesn't allow it.

 

What I'm unsure about is what application you paid £50 for and was dismissed.

 

Like I said, it's a moot point as the issue has been resolved and you are happy with the outcome.

[ploddertom]

Have you actually received your promised letter & if so does it satisfy you?

[hatsoff]

Ploddertom

 

Yes the letter came but out of time, but better late than never.and the issue is resolved. I missed the postman and as it was signed for I have yet to collect it and sight it but if it is the same as the PDF version it will be satisfactory for my needs.

 

Ganymede

I started the application off with Form N244, it gives you four options of how you want your case to be heard. I wrote to the defendant suggesting one hour for the hearing but they did not revert ( the fee for that application would be £155.00), so I wrote again to the defendant re it being decided by the Judge with neither parties present in chambers and if I did not hear from them within 14 days I would take it this was acceptable to them. As I had no reply I had complied with the conditions on form N244 so I applied for the option where the Judge should rule without a hearing (the fee for this was £50.00). I applied for pre- action disclosure and stated my case on the form. I then got a summons from the court stating both the defendant and I were required to appear before the Judge in chambers. I gave my skeleton argument to the usher well before the hearing and to the defence solicitor when he rolled up a few minutes before the hearing, The hearing was held up quite a while as he needed to telephone his client,. I allowed the solicitor to put his client's case first then I put mine.

 

The.Judge put a suggestion forward which after several more out of chambers telephone calls by the defence solicitor the suggestion was agreeable to both the defence and myself and the order was made.

 

When the defendant did not respond by the due date I turned to CAG to see what my options were and to seek advice. During the time I spent on this site and other research I received an email from the defendant (BY EMAIL & RECORDED POST) a pdf of a suitably worded letter and I have to collect the letter as I missed the postman, as I said better late than never.

 

Gerry

[Ganymede]

Ah I see, it was an application for pre action disclosure under CPR 31.16.

 

Makes more sense now. Thank you.

[hatsoff]

Ah I see, it was an application for pre action disclosure under CPR 31.16.

 

Makes more sense now. Thank you.

 

Just a note

for those who now make application to the county court . The county court fees have been hiked up since my application. in my opinion to take civil action is becoming a rich persons sport

[Ganymede]

Just a note

for those who now make application to the county court . The county court fees have been hiked up since my application. in my opinion to take civil action is becoming a rich persons sport

 

Application fees are the same (£50 or £155) but issuing fees are now disgustingly high and I totally agree with you.

 

Access to justice, but only for the rich.