Sentences with word «contumacious»

Those accused of contempt often believe that a lack of intent to breach the order (also known as contumacious intent) is a complete defence to the allegation leveled against them.

(1) the abuses are the result of bad faith and are accompanied by a clear record of «contumacious conduct»;

«Dominic Ayine, the Deputy Minister for Justice who represented the Government in the Supreme Court and opposed my application, and others, went public with the electronic and print media to mount unconstitutional and contumacious attacks and insults on the Court decision and on my person for daring to access the Court.»

The distinction being broadly one between disobedience to orders or writs made or issued in civil actions (civil contempts) and contumacious behaviour or behaviour which tends to publicly depreciate the authority of the court or the administration of justice (criminal contempts).

The Court of Appeal confirmed that contumacious intent is not required for a finding of contempt but that its absence is a mitigating factor during the second phase of the contempt hearing.

Dismissal is appropriate where (1) the abuses are the result of bad faith and are accompanied by a clear record of «contumacious conduct»; (2) the abuses are attributable to the client and not just to the attorneys; (3) the abuses substantially prejudice the opposing party; and (4) a less drastic sanction would not provide an adequate deterrent.

The Anglo - American idea... means that the party who does not abide by certain specific decrees emanating from a judicial body is a contumacious person and may, as a rule, be held in contempt of court, fined and jailed... Now, this very concept of contempt simply does not belong to the world of ideas of a Latin lawyer.

(iii) Committal of a debtor said Brookes LJ (citing a 1902 case) can only be made «when there is a contumacious debtor who has the means, or has had the means, to pay the debt, and his conduct is in the nature of contempt» (Re James Edgecome, Ex Parte James Edgecombe [1902] 2 KB 403 per Vaughan Williams LJ at 410).

Even though a contumacious intent was not found of Carey, nor was it required for civil contempt, a lack of such intent did aid in keeping his sanction lower to a penalty of paying Laiken's costs on a partial indemnity basis.

In arguing that the finding of contempt should be overturned, LawPRO counsel argued, among other grounds, that civil contempt requires a finding of «contumacious intent», and that retaining the funds in the trust account would have conflicted with other duties that the lawyer owed the client.

Thus, the trial court had not abused its discretion by finding that Augmentation's failure to pay for Harris» medical treatment was willful and contumacious.

If the court determines that the respondent's failure to follow the court order was in fact «willful and contumacious», the court may impose a wide range of sanctions in order to coerce the contemnor to comply.