i-law

Litigation Letter

Jurisdiction

JSC BTA Bank v Ablyazov and others [2012] EWCA Civ 1411, [2012] All ER (D) 66 (Nov); NLJ 16 November

The court does not lack jurisdiction, whether under s37 of the Senior Courts Act 1981 or under its own inherent jurisdiction, to do what is just and convenient, and necessary, to protect its own orders and to give effect to the interests of justice. It is not beyond the powers of the court, under its contempt of court jurisdiction, to order the imprisonment of a litigant found to have been in contempt. That is a power that encroaches on the liberty of the subject. It is a power held as part of the armoury of the court to ensure that justice can be done in civil litigation.

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