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I have no doubt that the committal order cannot stand.
However, this is no longer the case, and other judges have to approve a committal order.
This the High Court form of committal order does not in fact do.
For that reason I would for my part discharge this committal order.
The first instance judge will, so far as the committal order is concerned, have become functus.
The late service on him of the committal order did not hinder any appeal or application for release that he might otherwise have made.
The obligations as to service of committal orders are not the same in the High Court and the county court.
In all cases the applicant's solicitors are responsible for serving the committal order.'
I do not think that this did occur, there being confusion between the committal warrant and the committal order.
The magistrate made a committal order.
If it has, the second question is whether the irregularity must lead to the committal order being set aside and the release of the contemnor.
On the 29th June Shell sought a committal order against five people for breach of the temporary injunction.
The committal order was for failing to attend court for examination of his means in proceedings to enforce judgement debts against him.
In addition, his solicitors were continuing to act for him and could, if they had wished, have obtained a copy of the committal order from the court.
'The involuntary committal order,' he said.
The form of the committal order should be amended to draw the contemnor's attention to his right to apply to purge his contempt.
There is evidence that a senior prison official received a copy of the committal order on Form N111 on 3 July 1992.
The first is that Form N111 was used as a committal order rather than Form N79.
First, the committal order was not served on Mr. Butler within 36 hours after the execution of the committal warrant.
On 11 June 1992 the committal order was sealed and copies were sent by the court to solicitors for M. and for the local authority.
In general a failure to serve a committal order in due time would not be expected to lead to the quashing of the sentence of imprisonment.
How can an administrative failure to serve an unimpeachable committal order invalidate the committal order?
The procedural impropriety does not, in the circumstances of this case, warrant the setting aside of the committal order or Mr. Butler's release from prison.
The sealing of committal orders should have the highest priority, taking place preferably on the day of committal and certainly as soon as practicable thereafter.
The committal order was drawn up by court staff, signed by the judge, sealed and sent to the solicitors representing the contemnor and the local authority.