JTR v HNL [2015] EWHC 2298 (QB) (31 July 2015)

JTR v HNL [2015] EWHC 2298 (QB) (31 July 2015)

Permission to seek committal for contempt is refused because the applicant does not have a strong prima facie case, the evidence is insufficient (notably the absence of an affidavit from a key witness), the proceedings would be disproportionate and not in the public interest, and the applicant's motives appear...

Source-derived case information.

Citation
[2015] EWHC 2298 (QB)
Parties
Applicant: JTR; Respondent: HNL
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Application for Permission to Seek Committal for Contempt of Court / Judgment on Application for Permission
Outcome
Application for permission to seek committal for contempt refused
Legal Topics
Committal for Contempt, False Statements in Witness Evidence, Public Interest in Contempt Proceedings, Materiality of Evidence, Costs Consequences
Civil Procedure Contempt of Court Privacy Law Committal for Contempt False Statements in Witness Evidence Public Interest in Contempt Proceedings Materiality of Evidence Costs Consequences

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Parties

JTR

Applicant

HNL

Respondent

Procedural Posture

Application for Permission to Seek Committal for Contempt of Court / Judgment on Application for Permission

Legal Issues

  1. 1 Whether permission should be granted to seek committal for contempt of court for alleged false statements in witness evidence
  2. 2 Whether the public interest requires committal proceedings to be brought
  3. 3 Whether the applicant has a strong prima facie case

Ratio Decidendi

Permission to seek committal for contempt is refused because the applicant does not have a strong prima facie case, the evidence is insufficient (notably the absence of an affidavit from a key witness), the proceedings would be disproportionate and not in the public interest, and the applicant's motives appear vindictive rather than public-spirited.

Court Disposition

Application for permission to seek committal for contempt refused

Orders

  • Permission to seek committal for contempt is refused
  • No order for referral to the Attorney General