First Capital East Ltd V Plana


[2015] EWHC 2982 (QB)

First reported case on principles to be applied in exercise of the High Court’s discretion to permit civil committal proceedings following acquittal in criminal proceedings based upon the same facts.

The first defendant had brought a substantial claim for damages for personal injury sustained at work supported by his son, the second defendant. Following surveillance evidence, the County court dismissed his claim as an abuse of process and referred the case to the High court to consider contempt proceedings. The First defendant was subsequently charged and acquainted by a jury of offences of fraud arising from the claim. The second defendant was not charged and a second issue was whether committal proceedings should be permitted against him alone.

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