Contempt of Court

What is Contempt of Court in Tort Law?

Quick Definition

Contempt of court is conduct that interferes with the administration of justice or disrespects court authority. It is not a tort, but a public law and quasi-criminal mechanism used to protect the integrity of legal proceedings. It ensures courts can function properly and their orders are obeyed.

In Context

Contempt of court arises in two main forms: civil contempt (failure to comply with court orders) and criminal contempt (acts that undermine the justice process, such as publishing material that prejudices ongoing proceedings). For example, ignoring a court injunction requiring a party to stop certain actions can amount to civil contempt, potentially leading to fines or imprisonment. In Attorney General v Times Newspapers Ltd (1974), the House of Lords considered whether publishing prejudicial material about ongoing litigation could constitute contempt, balancing freedom of expression with the need for fair trials. Strict liability contempt also exists under the Contempt of Court Act 1981, where publishing material that creates a substantial risk of serious prejudice to active proceedings may be punishable regardless of intent. While contempt does not itself provide compensation like tort law, it plays a crucial role in protecting the justice system within which tort claims are decided.

See Also

• Judicial Review

• Injunctions

• Abuse of Process

Learn More

Explore our Tort Law Notes for deeper case law, examples, and revision tips.