Contempt of court: all bark and no bite?

The Ablyazov decision is the latest in a series of contempt of court actions that have proceeded through the courts of England and Wales in the last 12 months, write Henry Garfield and Andrew Matheson of Baker & McKenzie. Here they examine five such cases; together these provide a useful update on the English courts’ attitude to contempt proceedings and help to illustrate the circumstances in which contempt of court will be considered a criminal offence and when it will be viewed as a civil wrong.

The authors would like to thank Melanie Adams for her valuable contribution to this article. Henry Garfield (+ 44 (0) 20 7919 1180, Henry.Garfield@bakermckenzie.com) and Andrew Matheson (+44 (0) 207 919 1079, Andrew. Matheson@bakermckenzie.com) are associates at Baker & McKenzie in London.

Contempt is an area of law of particular relevance to those working on cases that involve allegations of fraud, deception and dishonesty because of the nature of the allegations made and the individuals involved. It will come as no surprise that fraudsters are often willing to flout court orders and judgments in an attempt to frustrate and delay proceedings or to cover up wrongdoing. It is therefore vital that lawyers working in the field of fraud/white collar crime have an understanding of the circumstances in which contempt proceedings have a prospect of success and when, how and if to deploy this particular weapon.