Amberley Construction Ltd v Beamish

Amberley Construction Ltd v Beamish

The committal order was set aside due to serious procedural defects: the appellant was not given adequate notice of the alleged contempts, was not informed in writing of the charges, was not given time or opportunity to prepare a defence or obtain legal advice, and was subjected to inappropriate judicial questioning without caution against self-incrimination, breaching both procedural rules and Article 6 ECHR.

Parties
Claimant/respondent: Amberley Construction Limited; Defendant/appellant: Paul Douglas Beamish
Jurisdiction
England and Wales
Judgment Date
31 July 2003
Procedural Posture
Civil Appeal / Appeal From Committal Order for Contempt
Outcome
Appeal allowed; committal order set aside; permission to appeal to House of Lords refused.
Legal Topics
Committal for Contempt, Procedural Fairness, Article 6 ECHR, Bank Account Disclosure, Enforcement of Judgment
Civil Procedure Contempt of Court Human Rights Committal for Contempt Procedural Fairness Article 6 ECHR Bank Account Disclosure Enforcement of Judgment

Case Brief

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Parties

Amberley Construction Limited

Claimant/respondent

Paul Douglas Beamish

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Committal Order for Contempt

Legal Issues

  1. 1 Whether the committal order for contempt was made in accordance with proper procedure
  2. 2 Whether the appellant's Article 6 right to a fair trial was breached
  3. 3 Whether the acts of contempt were sufficiently particularised and communicated to the appellant

Ratio Decidendi

The committal order was set aside due to serious procedural defects: the appellant was not given adequate notice of the alleged contempts, was not informed in writing of the charges, was not given time or opportunity to prepare a defence or obtain legal advice, and was subjected to inappropriate judicial questioning without caution against self-incrimination, breaching both procedural rules and Article 6 ECHR.

Court Disposition

Appeal allowed; committal order set aside; permission to appeal to House of Lords refused.

Orders

  • Committal order set aside
  • Permission to appeal to House of Lords refused