i-law

Litigation Letter

False statements in the county court

Barnes t/a Pool Motors v Seabrook; Hill v Gough; South Wales Fire and Rescue Service v Smith [2010] EWHC 1849 (Admin) QBD Divisional Court 23 July

Notwithstanding the language of CPR rules 32.14 and 31.23 and, in particular, the language of para 28 of the PD, a party in county court proceedings is entitled to come to the Divisional Court under RSC Order 52 and obtain from the Divisional Court an order of committal to prison or other penalty and is not obliged to ask the county court judge to refer the matter to the Attorney General to follow the procedure in para 28. It may be that para 28 is of more importance in proceedings before a judge in the High Court.

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