Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 (08 November 2019)

Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 (08 November 2019)

A witness statement verified by a statement of truth and served before the commencement of proceedings in purported compliance with a pre-action protocol can found committal for contempt, as such conduct is capable of interfering with the administration of justice. The High Court has inherent jurisdiction to entertain such proceedings, and permission to amend to add further grounds of contempt should be granted where there is a strong case and public interest.

Citation
[2019] EWCA Civ 1858
Parties
Claimant/appellant: JET 2 HOLIDAYS LIMITED; Defendant/respondent: Karl Hughes; Defendant/respondent: Laura Hughes
Jurisdiction
England and Wales
Judgment Date
08 November 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Committal for Contempt
Outcome
Appeal allowed
Legal Topics
Committal for Contempt, Pre Action Protocols, False Witness Statements, Jurisdiction of Court, Civil Procedure Rules
Civil Procedure Contempt of Court Committal for Contempt Pre Action Protocols False Witness Statements Jurisdiction of Court Civil Procedure Rules

Case Brief

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Parties

JET 2 HOLIDAYS LIMITED

Claimant/appellant

Karl Hughes

Defendant/respondent

Laura Hughes

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Committal for Contempt

Legal Issues

  1. 1 Whether false witness statements made before commencement of proceedings in purported compliance with a pre-action protocol can found committal for contempt
  2. 2 Whether the High Court had jurisdiction to entertain committal proceedings for such statements
  3. 3 Whether amendment to add further grounds of contempt should be permitted

Ratio Decidendi

A witness statement verified by a statement of truth and served before the commencement of proceedings in purported compliance with a pre-action protocol can found committal for contempt, as such conduct is capable of interfering with the administration of justice. The High Court has inherent jurisdiction to entertain such proceedings, and permission to amend to add further grounds of contempt should be granted where there is a strong case and public interest.

Court Disposition

Appeal allowed

Orders

  • Order of High Court dismissing committal proceedings and refusing amendment set aside
  • Permission granted to amend to add further grounds of contempt