False witness statement - Contempt of court?

[WirelessBrain]

I got a judgement against a debtor. He is a conman and not paying me anything. Instead went on benefits hiding all of his assets.

 

I tried to enforce order through different ways but did not get single penny. 4 years passed in the struggle.

 

When I sent bailiffs he put an application to set judgement aside on very illogical reasons. After hearing his application was dismissed. I did not recover anything from him though.

 

Now I sent him Statutory Demand Notice. He made exactly same application in the court to set Statutory Demand Notice Aside, as he did previously. What he is doing here:

 

1) Presenting same arguments which he presented previously to set judgement aside. He is not telling court that his same arguments were heard and dismissed previously.

2) He is lying that he is in process of setting judgement aside, as his application was dismissed a while back.

3) Also he is negating some facts in his statement, in contrary to what judgement order says.

 

Now my question is, is he not interfering the course of justice by making false statement?

 

What is way to make application for committal of contempt of court? Which application form should I use?

 

Hearing is in near future on his application. He is just wasting free public money available to him, as he is not paying any court fees being on benefits. That is the main reason I think that on every step he put an application to drag me in the court on and on.

 

Any expert advice please?

[Ganymede]

What is way to make application for committal of contempt of court? Which application form should I use?

 

You can't and there isn't one.

[WirelessBrain]

You can't and there isn't one.

 

You seem to be quite quick to reach conclusion. You are not the debtor I am talking about by any chance?

 

CPR 32.14 says "Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false statement"

 

If you search false witness statement contempt of court on google, you will find hundreds of recent cases where convictions were made for making false witness statements.

 

When law says that a contempt of court proceedings can be brought against a person, then there will be a way to that.

[Ganymede]

You can read CPR 81 for more information.

 

At this point in the claim you have no permission to do so however, unless there's more to the story.

[WirelessBrain]

Yes, may be at this point of case I can not make this application. But once debtor's application is dismissed I should be able to put an application for committal of contempt of court. I really do not want to leave him unpunished for his constant lies since last many years.

 

I am going to copy exact clauses which I think will apply to my case:

 

81.14

 

(3) A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in a county court may be made only –

(a) with the permission of a single judge of the High Court; or

(b) by the Attorney General.

(4) Where permission is required under paragraph (3)(a) rule 81.14 applies [paragraph (3)(a) rule 81.14 : a detailed statement of the applicant's grounds for bringing the committal application; ]

5) The court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.

[renegadeimp]

And to get that permission, as stated, youll need to go in front of a high court judge or to the attorney general.

[Ganymede]

I really do not want to leave him unpunished for his constant lies since last many years.

 

Please read this before doing anything...

 

 

http://www.elyplace.com/docs/news/Contempt-of-Court-Seminar-NStewart-MCole.pdf

[WirelessBrain]

And to get that permission, as stated, youll need to go in front of a high court judge or to the attorney general.

 

Yes. I will do whatever it takes. Some thugs need to be taught a lesson.

[WirelessBrain]

Please read this before doing anything...

 

 

http://www.elyplace.com/docs/news/Contempt-of-Court-Seminar-NStewart-MCole.pdf

 

Thanks for the link. Need a thorough read, but quickly found following two paragraphs:

 

49. Committal applications based on false statements cannot proceed without the permission of the Court or the Attorney General (CPR 81.18). If the statement was made in county court proceedings the permission must be sought from the Queen’s Bench Division of the High Court. This ties in with the jurisdiction to deal with contempt for making false statements being reserved to the High Court.

 

50. Although the court can itself refer the application for permission to the Attorney General it is hard to envisage circumstances in which an applicant would choose that route over an application to court, not least because an application to court is likely to be substantially quicker. Indeed Practice Direction 81, paragraph 5.1, urges applicants to go to court first: “the Attorney General prefers a request that comes from the court to one made direct by a party”.

[Ganymede]

Food for thought...

 

From the court’s viewpoint, the purpose of its coercive powers is to uphold the administration of justice, including compliance with court orders.

 

Litigants’ motives are rarely so pure. An application to punish for contempt is a weapon in the litigation armoury, recently described in the Chancery Division as “the nuclear option”: Zimareva-Locke v Cetin [2012] EWHC 4196. It may be used in a way that coincides with the court’s concerns: for example, where both court and applicant want strict compliance with an injunction. But not always. Leaving aside sheer vindictiveness, the litigant may also be motivated by the wish to pressure the opponent into settlement or capitulation. Individual parties do tend to be unnerved by any prospect of imprisonment, although that is a rare outcome in practice.

 

A committal application must be handled with care. The case law makes clear that it should be a last resort

 

In his judgment in Zimareva Locke Morgan J, dismissing all three allegations of contempt, observed: “The claimants have chosen the nuclear option. It was not a matter of last resort. It was not brought to bring about compliance…Great thought ought to have been given to the good sense of embarking on this course.”

 

[renegadeimp]

Indeed. It sounds like the OP is motivated purely by revenge. Not legal avenues.

[WirelessBrain]

Indeed. It sounds like the OP is motivated purely by revenge. Not legal avenues.

 

Thank you for your comments.

 

A thug living on benefits and not only wasting court time but also tax payer's money, does it not make enough legal avenues for you.?

Edited March 21, 2016 by WirelessBrain

[legalistic]

WirelessBrain, you need to keep your cool. If the statutory demand is not set aside you can petition for his bankruptcy. That's a much stronger option than contempt of court, especially if you are not represented.

[citizenB]

Wirelessbrain, you have been sent a private message.