Practical Law

This case was heard by the Court of Appeal and the lead judgment was given by Carr LJ (approved by Snowdon and Asplin LJJ), who considered when, how and why an application for civil contempt of court may be an abuse of process.

Background In the matter of Rogerson (t/a Cottermore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd, the Technology and Construction Court allowed a defendant to change its expert witness during proceedings, subject to the condition that the defendant had to disclose materials relating to an expert it had instructed pre-action.