Discussion
Discussion
Litigants in person
In considering this case, I bear in mind that the respondent is a litigant in person, and not a trained lawyer. He cannot be expected to communicate with the precision expected of such a lawyer. But there is no special dispensation for litigants in person from obeying the ordinary procedural rules, and indeed the substantive laws, which apply just as much to unrepresented as to represented litigants: Barton v Wright Hassall LLP [2018] 1 WLR 1119, SC. In any event, the respondent is a sophisticated and experienced businessman, well used to obtaining legal advice when he wished. Moreover, it appears that he has instructed specialist criminal solicitors in relation to some aspects of this case, even if he did not retain them for this application.
- Heading
- INTRODUCTION
- The trial of the Part 8 claim
- The order of 5 April 2022
- The present application
- PROCEDURE
- The respondent’s application for a stay
- The family trust’s application for a stay
- Whether to proceed in the respondent’s absence
- THE CONTEMPT APPLICATION
- Findings
- The law
- Contempt: procedure
- Contempt: substance
- The Proceeds of Crime Act 2002
- Submissions
- The respondent
- Discussion
- Dispensing with personal service
- Service and joinder
- The impact of “false evidence”
- Judicial signature
- Was there any breach of the order?
- Conclusions
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