Act of Sederunt (Contempt of Court in Civil Proceedings) 2011

The contempt hearing

7.—(1) At the contempt hearing, the other court is to ascertain from the relevant person whether he or she admits or denies the facts contained in the statement of facts.

(2) Where the relevant person admits the material facts contained in the statement of facts, the other court is to take that statement of facts to be accurate and is to—

(a) hear the relevant person and consider any relevant documents; and

(b) determine whether a contempt of court has been committed by the relevant person.

(3) Where the relevant person denies any of the material facts contained in the statement of facts—

(a) he or she may give evidence on oath concerning that fact or those facts;

(b) the other court may hear evidence from any person that it considers relevant (a “relevant witness”) and consider any relevant documents.

(4) To the extent that the statement of facts is not denied by the relevant person, the other court is to take it to be accurate.

(5) After having determined under paragraph (3) the accuracy of each of the material facts which is disputed, the other court is to—

(a) hear the relevant person and consider any relevant documents; and

(b) determine whether a contempt of court has been committed by the relevant person.

(6) Where the other court makes a finding of contempt of court, it is to—

(a) give the relevant person the opportunity to apologise; and

(b) after hearing the relevant person, determine the disposal.