Case No: AC-2025-LON-001909
The King (on the application of Malik) v Berkshire Magistrate Court and Other
Applicant: Waseem Malik
Respondent: Thames Valley Police (TVP)
Hearing Type: Contempt of Court – Breach of Certified Order
1. Introduction
This is the Applicant’s skeleton argument for the hearing of the N600 Contempt of Court Application under CPR Part 81. The application seeks a finding of contempt against Thames Valley Police (TVP) for wilful defiance of a certified court order dated 30 June 2025, which included a penal notice.
2. Background
- ⚖️ 30 Jun 2025: Court ordered TVP to return seized property (Log #489).
- 🚫 02 Jul 2025: TVP defied the order at Slough station (Log #484).
- ✉️ 04 Jul 2025: TVP Legal confirmed defiance in writing (Log #491).
- 📄 14 Jul 2025: Applicant filed N600 contempt application (Log #495).
3. Legal Framework
- CPR Part 81.4: Breach of orders subject to contempt.
- Re L (A Child) [2009] EWCA Civ 1048: Requirements for contempt:
- A clear and unambiguous order
- Knowledge of the order
- Deliberate breach
- CPR PD 81 §9.1: Penal notice must be attached to order.
4. Issues for Determination
- Was the order clear and unequivocal?
- Did TVP have knowledge of its content and penal notice?
- Was the defiance deliberate and unjustified?
5. Submissions
- The certified order was served and acknowledged.
- Written defiance confirms intent (see Log #491).