The impact of “false evidence”
The impact of “false evidence”
Secondly, the respondent makes the allegation that the order was obtained by the false evidence by an officer of the applicant. But the difficulty for the respondent is that the order of 5 April 2022 has never been appealed, let alone overturned on appeal, and has never been set aside on any application for that purpose based on the alleged fraud. In these circumstances, I am not able to go behind that order. More than that, the injunction is one granted by a court of competent jurisdiction, and so, unless and until it is overturned or set aside, or at least varied in a material way, the respondent is obliged to obey it: see Chuck v Cremer (1846) 1 Coop t Cott 338, 342-343; Isaacs v Robertson [1985] AC 97, at 101-102; M v Home Office [1994] 1 AC 377, 423; R v Kirby (John Martin) [2019] 4 WLR 131, [13]; R (Majera) v Home Secretary [2022] AC 461, [56]. Even if it were subsequently overturned or set aside, it would still be a contempt of court to have disobeyed it in the meantime.
- 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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