On 9 July 2024 the Law Commission published its consultation on the law of Contempt of Court. The law as it stands today covers all manner of conduct and the Law Commission is looking to clarify and improve the "fairness, consistency, coherence, and effectiveness of contempt laws". Many practitioners will avoid ever needing to navigate the path through contempt proceedings with their clients, but all should know what that path entails and the way it can currently be used (or should I say abused?) by both claimants and defendants alike. 

The proposed modernisation is certainly to be welcomed and in my view the key to this is really thinking about what the law of Contempt of Court ought to be striving to achieve in each of the circumstances in which it arises: 

• Is it intended as a deterrent to others? 
• Is it simply another weapon in an aggressive claimant's armoury? 
• Should it be penal in nature punishing past conduct or persuasive in nature encouraging future compliance?
• What impact should purging the contempt have?

All of this is food for thought... 

Other questions within the ambit of the consultation revolve around the impact of the automatic right of appeal - is this a necessary safeguard for defendants or yet another hurdle effectively dissuading claimants from bringing proceedings for contempt? Do the court's sentencing powers help or hinder claimants and will the Law Commission’s proposed interim remedies (which are coercive in nature, rather than penal) help resolve matters potentially at an early stage and without claimants having to invest time (and costs) in securing a finding of Contempt of Court?

As it stands the law of Contempt of Court is complex and the procedure can be confusing and is open to abuse (by claimants and defendants alike). To maintain the integrity of our legal system it is right that the law is reviewed and the problem areas that have been identified within the consultation paper are addressed. 

The Law Commission consultation is open until 8 November 2024: Law Commission launches consultation on Contempt of Court - Law Commission. I would encourage everyone to have a say on this thought provoking topic and help shape the future of contempt proceedings.