Russell West v Gary Taylor-Duncan

Russell West v Gary Taylor-Duncan

The applicant failed to establish an arguable case that the defendant made the summary with no honest belief in its truth or that its use amounted to an interference with the due administration of justice. The application was wholly without merit and was refused.

Parties
Claimant: Russell West; Defendant: Gary Taylor-Duncan
Jurisdiction
England and Wales
Judgment Date
18 July 2013
Procedural Posture
Civil / Application for Permission to Bring Committal Proceedings (contempt of Court)
Outcome
Application refused
Legal Topics
Committal for Contempt, False Statement of Truth, Abuse of Process, Article 5 ECHR, Personal Injury
Civil Procedure Human Rights Criminal Law Committal for Contempt False Statement of Truth Abuse of Process Article 5 ECHR Personal Injury

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Parties

Russell West

Claimant

Gary Taylor-Duncan

Defendant

Procedural Posture

Civil / Application for Permission to Bring Committal Proceedings (contempt of Court)

Legal Issues

  1. 1 Whether the defendant knowingly made a false statement in a document verified by a statement of truth for use in civil proceedings
  2. 2 Whether the applicant established an arguable case that the statement was false and made without honest belief in its truth
  3. 3 Whether the alleged conduct interfered with the due administration of justice

Ratio Decidendi

The applicant failed to establish an arguable case that the defendant made the summary with no honest belief in its truth or that its use amounted to an interference with the due administration of justice. The application was wholly without merit and was refused.

Court Disposition

Application refused

Orders

  • Application for permission to bring committal proceedings is refused
  • A copy of the judgment is to be provided to the High Court judge considering an Extended Civil Restraint Order