PROCEDURE
PROCEDURE
The application notice was not served personally on the respondent, but it was sent to him at his home addresses and by email. At the hearing before Leech J on 11 July 2025 of an application to expedite the hearing of the substantive application, the judge said he was satisfied that the respondent had had notice of the application, and made an order dispensing with personal service as to the application notice, but also for the future. (He did not deal with the question of personal service of the original order.) He also made the order sought for an expedited hearing, and directed that the matter be listed before me for one day in a window from 23 to 25 July 2025. This listing was communicated to the respondent by the court and also by the applicant’s solicitors. There were then a significant number of email communications between the respondent and the court, and letter and email communications between the respondent and the applicant’s solicitors. Nevertheless, the hearing took place on 23 July 2025, as I have said, without the attendance or representation of the respondent.
- 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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