Elliott v Tinkler and another

Contempt of court – Committal. The judge granted the claimant permission to bring committal proceedings against the defendants for contempt allegations, concerning false statements. The defendants appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the judge had been wrong to conclude that there had been a strong prima facie case on the evidence, demonstrating that the defendants had knowingly made false statements. Further, he had failed to consider the history of the proceedings between the parties and had been wrong to conclude that it had been in the public interest that such allegations should proceed to a full committal hearing.

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