Contempt of court in civil litigation arises when a party fails to comply with a court order or acts in a way that undermines the authority of the court. It is a serious legal matter, and can lead to severe consequences, including unlimited fines, procedural sanctions, and, in some cases, imprisonment. Courts exercise these powers carefully but firmly to ensure their orders are followed and to maintain confidence in the justice system.
This guide explains the main types of contempt in the context of civil litigation, the potential consequences for failing to comply with court orders, the procedures involved in contempt proceedings, and the legal thresholds that courts apply. It also provides practical tips for litigants on how to avoid contempt by understanding and fulfilling their obligations.
Summary
- Contempt of Court Definitions
- Types of Civil Contempt
- Legal Thresholds and Procedural Requirements
- Penalties for Contempt of Court
- Recent Case Law Examples of Civil Contempt
- Avoiding Contempt in Civil Proceedings
- What to do if Accused of Contempt of Court
What Is Contempt of Court?
In UK law, contempt of court occurs when a person fails to follow a court order, breaches a formal promise given to the court (known as an undertaking), or behaves in a way that undermines the authority of the court. In civil litigation, contempt is primarily about ensuring compliance with court orders rather than punishing wrongdoing. It plays a vital role in protecting the authority of the courts and making sure that their decisions are taken seriously.
Civil contempt is therefore a key tool used by courts to compel parties to do what they are legally required to do and ensures that orders, undertakings, or directions are effective in practice. The rules governing civil contempt proceedings are set out in Part 81 of the Civil Procedure Rules (CPR), which outlines how contempt applications can be brought, the powers of the court, and the sanctions that may be imposed on those found to be in contempt.
A person may be held liable for civil contempt even without intending to disobey the court. Liability arises if they deliberately do something the court has prohibited or deliberately fail to do something the court has ordered, while knowing the facts that make their actions (or inaction) a breach of the order. In other words, the focus is on whether the person intentionally acted (or failed to act) in a way that broke the court’s order, not whether they specifically intended to defy the court itself.
For example, if a court orders a company to hand over certain financial documents by a set date and the company deliberately withholds the documents, knowing that doing so violates the court order, it can be found in civil contempt of court. The company does not need to have intended to ‘disobey the court’ in a general sense; it only matters that they knowingly failed to comply with the specific order.
It is important to distinguish civil contempt from criminal contempt. The classification of contempt often depends on the purpose of the sanction. While civil contempt focuses on securing compliance with court orders, criminal contempt is primarily punitive, aiming to punish past misconduct and protect the integrity, authority, and dignity of the courts. In practice, however, many civil contempt proceedings have a quasi-criminal character because they may result in imprisonment. Examples of criminal contempt include disrupting court proceedings, insulting a judge, intimidating witnesses, or publishing material that could prejudice an ongoing trial.
Types of Civil Contempt of Court UK
In the UK, the main types of contempt of court are:
Breach of a Court Order or Judgment
This is by far the most usual form of civil contempt. It occurs when a person fails to comply with a mandatory order requiring them to do something, or acts in breach of a prohibitory order that prevents them from doing something.
Examples:
- Breaching an injunction by continuing to contact a former business partner despite a prohibition on communication.
- Failing to pay damages or maintenance ordered by the court.
- Breaching a freezing order by transferring or disposing of frozen assets.
False Statements Verified by a Statement of Truth
Under the CPR, documents such as statements of case, witness statements, and disclosure statements must be verified by a statement of truth.
Knowingly making a false statement without an honest belief in its truth may amount to contempt of court.
Examples:
- Deliberately misrepresenting facts in a witness statement.
- Providing false information in disclosure documents to mislead the court or the opposing party.
This form of contempt protects the integrity of the court process.
Failure to Attend Court
Failure to attend court when required by:
- A court order,
- A witness summons, or
- A formal direction of the court,
may amount to contempt if there is no reasonable excuse.
Examples:
- A witness fails to attend despite being properly summoned.
- A party ordered to attend a hearing does not appear without justification.
Interference with the Administration of Justice
This covers conduct that obstructs or undermines the court’s ability to do justice, even where there is no direct breach of a specific order.
Examples:
- Destroying or concealing relevant evidence.
- Attempting to interfere improperly with witnesses
- Failing to comply with an undertaking or formal promise relied upon by the court, even if no formal court order was made. This could be for example an undertaking to provide documents by a specified date.
It is important to note that witness intimidation is usually treated as criminal contempt, or a separate criminal offence (e.g. perverting the course of justice), even if it occurs during civil proceedings. However, if a party breaches a specific court order prohibiting contact with a witness, that breach may be dealt with as civil contempt.
Contempt in the Face of the Court
This occurs when misconduct happens in the judge’s presence and is personally observed by the court.
Although it may arise during civil proceedings, it is often treated as criminal in nature because this course of action is punitive and protects the authority of the court.
Examples:
- Refusing to answer questions after being ordered to do so.
- Persistently interrupting or disrupting proceedings after a warning.
- Using abusive or threatening language toward the judge.
The court may deal with this summarily (immediately), although procedural safeguards still apply.
Legal Thresholds and Procedural Requirements
Part 81 of the CPR sets out the procedure for bringing and dealing with contempt of court applications in civil proceedings.
Although contempt arises within civil litigation, it is quasi-criminal in nature. This means that the court enforces stringent procedural protections and adheres to the criminal standard of proof, which is beyond a reasonable doubt, even though these proceedings take place in civil contexts. The responsibility to prove the case lies solely with the claimant; the defendant is not required to demonstrate their innocence.
A contempt application must:
- Be made by application notice under Part 81;
- Be supported by an affidavit (sworn evidence), unless the court orders otherwise;
- Clearly set out the specific acts alleged to constitute contempt;
- Identify the exact order or undertaking said to have been breached.
The claimant must have clear and cogent evidence before starting proceedings.
To establish civil contempt of court, the claimant must prove beyond reasonable doubt that the defendant:
- knew the terms of the order: The order must usually have been personally served on the defendant unless the court has dispensed with personal service and the defendant must have had proper notice of its terms.
- breached the order by doing something prohibited, or failing to do something required.
- knew the facts that made their conduct a breach: It is not necessary to prove the defendant intended to breach the order; it is enough that they intentionally did the act that amounted to the breach.
Procedural Safeguards
Since a person may face imprisonment for contempt of court, CPR Part 81 provides strong safeguards:
- Hearings are generally held in public unless the court orders otherwise.
- The defendant is entitled to legal representation.
- The defendant cannot be compelled to give evidence or incriminate themselves.
- The application must clearly specify the alleged contempt, and the precise factual basis of the allegation.
- The defendant must be given proper notice and an opportunity to respond.
Penalties and Consequences of Contempt
If a person is found to be in contempt, the court can impose serious penalties, including:
- Fines: The court may impose a substantial one-off fine or a continuing (daily or periodic) fine until the person complies with the order. Fines are often employed when the court aims to promote adherence without resorting to imprisonment.
- Seizure or Freezing of Assets (Sequestration): The court may order the sequestration of assets, meaning property or funds are seized or frozen and court-appointed sequestrators control assets until compliance. This is typically used where financial orders have been breached.
- Imprisonment: In serious cases, the court may impose a custodial sentence of up to two years per act of contempt. Imprisonment is usually reserved for deliberate and serious breaches, persistent non-compliance, or conduct that significantly undermines the administration of justice. The court may suspend a sentence on condition of future compliance.
- Procedural Sanctions: In addition to (or instead of) other penalties, the court may impose case-management sanctions, including:
- Striking out a claim or defence;
- Barring a party from relying on certain evidence;
- Entering judgment against the defaulting party.
- These sanctions can significantly affect the outcome of the litigation.
- Costs Orders: The court may make a punitive costs order, requiring the person found in contempt to pay the other party’s legal costs or costs on an indemnity basis in serious cases.
A finding of contempt can carry serious repercussions. It can undermine a party’s credibility before the court, weaken their overall case, harm their professional reputation and impact regulatory standing (for professionals or companies). For businesses and individuals alike, reputational damage can be long-lasting and commercially significant.
A person may, however, reduce or avoid penalties by ‘purging’ their contempt. This usually involves complying with the outstanding order, providing a genuine apology to the court or demonstrating remorse and willingness to comply. If the contempt is purged, the court may reduce a sentence or discharge it entirely.
Recent Developments and Case Examples
The Civil Procedure (Amendment No. 3) Rules 2020 introduced a major overhaul of CPR Part 81, which governs contempt of court in civil proceedings. Effective from 1 October 2020, the reforms replaced the previous version, which was criticised as ‘poorly drafted, complicated and repetitive’. The revision offers a clearer structure of ten rules.
The amendments aimed to simplify procedure, strengthen safeguards and reinforce open justice. The revised Part 81 reinforced the need for:
- Personal service of contempt applications (unless dispensed with);
- Clear identification of the alleged contempt;
- Public hearings as the default;
- Proper notice and fair trial protections.
Recent Case Examples
In Attorney General v Yaxley-Lennon (2019), Stephen Yaxley-Lennon (also known as Tommy Robinson) was found in contempt for breaching reporting restrictions by live-streaming outside Leeds Crown Court, creating a substantial risk of prejudice. In 2024, he received 18 months’ imprisonment for ten breaches of a libel injunction, divided into 14 months punitive and 4 months coercive, the latter reducible if he purged his contempt. The case highlights the court’s readiness to impose custodial sentences for repeated breaches.
The Court of Appeal confirmed in ADM International Sarl v Grain House International SA & Anor, the Court of Appeal that company directors may still be personally liable for contempt arising from breaches of freezing and disclosure orders. Procedural changes did not eliminate the substantive liability of directors as established by case law.
Overall, recent reforms have clarified procedure, but the courts continue to impose severe sanctions for deliberate or repeated breaches, prioritising protection of the administration of justice.
How to Avoid Contempt in Civil Proceedings
Avoiding contempt requires strict compliance with court orders and professional conduct throughout litigation.
To reduce the risk:
- Read and understand all court orders carefully. It is important to adhere these orders even if you disagree with them.
- Comply with all deadlines and obligations in orders, injunctions and directions.
- Seek legal advice immediately if you are unable to comply. A solicitor can apply to vary or discharge the order.
- Apply for clarification or variation rather than ignoring an order.
- Provide full and timely disclosure of evidence.
- Maintain respectful conduct, both in and out of court. Avoid social media posts or public comments that may breach reporting restrictions or prejudice proceedings.
- Communicate properly through solicitors or formal court procedures.
Taking court orders seriously and acting proactively is the best way to avoid serious sanctions.
What Steps Should You Take If You Are Accused of Civil Contempt of Court
An allegation of contempt is serious and may result in fines or imprisonment. As a result, you should seek specialist legal advice immediately. Legal representation is essential to challenge the allegation where appropriate or to present mitigating factors and seek a reduced or suspended sentence.
If you are accused of contempt of court, you have the right to a fair and public hearing and clear notice of the allegations. You are also entitled to sufficient time to prepare your defence, even if the court is dealing with the matter summarily.
Even if you are found in contempt, you may be able to reduce the penalty by:
- Offering a genuine apology;
- Rectifying the breach promptly;
- Demonstrating commitment to future compliance.
Here to Help
Contempt of court is a serious matter that can have significant personal and professional consequences. It is essential to comply fully with court orders, follow legal advice at every stage of proceedings, and treat court directions with care and respect.
If you are accused of civil contempt, you should seek specialist legal advice immediately to protect your position and ensure your rights are safeguarded.
Our experienced solicitors at Witan Solicitors provide clear, practical advice and robust representation in contempt proceedings. Contact us today on 0300 303 2071 or email us for confidential guidance and support.
