Category

Category:Contempt of court cases

Revision as of 20:52, 6 December 2016 by Jonathan (talk | contribs) (Created page with "Note that this is a relatively new website category and most contempt of court cases can still be found in Category:Other capacity cases. {{Catsummary|c={{PAGENAME}}}} ...")
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

Note that this is a relatively new website category and most contempt of court cases can still be found in Category:Other capacity cases.

The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.

Page and summaryDate added to siteCategories
Derbyshire County Council v Grundy [2025] EWCOP 1 (T1) — 
Capacity in committal proceedings This was an application for committal to prison, including activation of a suspended sentence of imprisonment previously imposed. The court had to decide: (a) Mr. Grundy's capacity to conduct these committal proceedings, to comprehend and make decisions as to the injunction order and the suspended sentence which was handed down on the previous application; (b) whether the four alleged breaches are proven; and (c) whether to deal with sentencing immediately, if capacity is established and the breaches made out.
2025-02-052025 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
MacPherson v Sunderland City Council [2024] EWCA Civ 1579 — 
Appeal against committal order - Court of Appeal's powers There was reason to believe (under MCA 2005 s48) that the appellant lacked capacity in relation to this appeal against a committal order. The Court of Appeal has all the powers of a lower court (whether that be the Court of Protection or otherwise) in relation to an appeal so it can make an interim declaration and refer any issue for determination by that lower court. The questions of the appellant's current capacity, and her capacity when sentenced, were referred to a Tier 3 COP judge for determination, after which the Court of Appeal will hear the case again. The stay of the sentence of imprisonment was continued, the bench warrant was discharged, and the appeal was adjourned, but the injunctions remained in force.

Essex search<mw:editsection page="Category:Contempt of court cases" ..→

2025-01-152024 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
MacPherson v Sunderland City Council [2023] EWCA Civ 574 — 
Appeal against contempt committal The appellant had been sentenced to 28 days' imprisonment, suspended for 12 months, in relation to taking videos and making social media posts in breach of an injunction. Her appeal was unsuccessful.

CASES DATABASE

Full judgment: ..→

2024-12-062023 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
Sunderland City Council v MacPherson [2024] EWCOP 8 — 
Imprisonment for contempt A sentence of three months' imprisonment was imposed for posts on Facebook and X in breach of an injunction, with a previously suspended sentence of 28 days made immediate, to run consecutively. The defendant was in France so would have to return to England for any warrant of committal to be executed.

Essex

Essex newsletter 137B.pdf

This case has been summarised on page 39 of 39 Essex Chambers, 'Mental Capacity Report' (issue 137B, March 2024).

External links

2024-12-062024 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
KL v Manchester City Council [2024] EWCOP 53 (T1) — 
Committal proceedings In these committal proceedings for breach of an order the court set out why it proceeded in MA's absence, considered the evidence, and adjourned for 3 days for sentencing to allow MA to be notified.

CASES DATABASE

Full judgment: BAILII

Subject(s):

Date: ..→

2024-10-252024 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
Esper v NHS North West London ICB [2023] EWCOP 29 — 
Transparency in committal proceedings This was an appeal from a COP district judge's decision in committal proceedings to (a) publish a judgment naming Dr Esper as a contemnor; and (b) permit the publication of Dr Esper's name, while restricting the identification of AB, and two other relatives of AB who are respondents in the Court of Protection proceedings.

Citation

Case name: "Esper v NHS NW London ICB (Appeal: Anonymity in Committal Proceedings)".

Essex

Essex newsletter 134.pdf

This case has been summarised on page 29 of 39 Essex Chambers, 'Mental Capacity Report' (issue 134, September 2023).

ICLR

The ICLR have kindly agreed for their WLR (D) ..→
2023-07-152023 cases, Cases, Contempt of court cases, ICLR summary, Judgment available on Bailii, Pages using DynamicPageList3 parser function
Sunderland City Council v Macpherson [2023] EWCOP 3 — 
Contempt "Sunderland City Council has applied for an order committing the Defendant Lioubov Macpherson to prison for contempt of court by breaching injunctive orders made by the court in Court of Protection proceedings on 30 June 2022. ...[T]he Defendant’s daughter, FP is the protected party in Court of Protection proceedings. She is a very vulnerable woman in her early 30’s who was diagnosed with cerebral palsy as a child, suffered meningitis in adulthood, and who now suffers from paranoid schizophrenia. She lacks capacity to make decisions for herself about where she should live, her care, and her contact with others. This judgment not only sets out the breaches of orders found to constitute contempt of court and the court’s sentencing of the Defendant, but also a determination that whilst reporting of the name of the Defendant will risk revealing the identity of the protected person, FP, there should be no prohibition ..→
2023-06-062023 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
AB v HB [2021] EWCOP 45 — 
Committal for contempt of court HB had prevented assessments of his father's capacity, contrary to a court order, but having heard from HB (who had a low level of comprehension himself but now understood that he had to comply with court orders) and as an assessment had since taken place it was decided not to punish him for the contempt.

Citation

The judgment is dated 7/9/20 but for some reason has a 2011 neutral citation number. It was first published on BAILII on 26/7/21.

CASES DATABASE

Full judgment: BAILII

Subject(s):

2021-10-102020 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
P v Griffith [2020] EWCOP 46 — 
Contempt for forgery DG forged a court order, seeking to obtain the disclosure of P's confidential medical records (which the court had repeatedly declined to order). She was sentenced to 12 months' imprisonment.

Essex search<mw:editsection page="Category:Contempt of court cases" section="1">Essex search</mw:editsection>

This case's neutral citation number appears in the following newsletters:
2021-04-102020 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
Devon County Council v Teresa Kirk [2016] EWCA Civ 1221 — 
Contempt of court appeal "In the circumstances of the present case, where a party was facing the likelihood of a prison sentence for contempt, but where that party, whom the court accepts had genuine and sincere objections to the welfare determination that had been made, had issued an application for permission to appeal that welfare determination, it was simply premature for the judge to press on with the committal application. The absence of an application for a stay of the order, where it is almost certain that a stay would have been granted pending receipt of the transcript of Baker J's judgment [the welfare determination], should not have been taken as justification for proceeding with the committal application. ... I end with a reminder to contemnors and their representatives of the availability of public funding. ... Whatever the limitations of civil funding, public funding in contempt cases is available under the ..→
2016-12-062016 cases, Cases, Contempt of court cases, ICLR summary, Judgment available on Bailii, Pages using DynamicPageList3 parser function
Devon County Council v Teresa Kirk [2016] EWCOP 42 — 
Committal for contempt of court "This is an application made by a Local Authority for committal for contempt of court... The backdrop to this application is a long-running case in the Court of Protection concerning MM. ... The court went on to make declarations. Firstly, that MM lacked capacity. Secondly, that it was in his best interests to live in England, in the area of the South West. Thirdly, that it was not in his best interests to continue to reside at the care home in Portugal; and further ordered at para.7 that, no later than 4pm on 27 June 2016, Mrs. Kirk shall provide to the Local Authority a signed copy of the written declaration of authority... The short point about that provision in the order is that it provided for Mrs. Kirk to sign the written declaration of authority so that MM could be released to the local authority. The order had a penal notice attached to it, the recitals are very clear. ... I apply the ..→
2016-12-062016 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
Practice Guidance: Committal for Contempt of Court (Supplemental) [2013] EWHC B7 (COP) — {{Case

|Date=2013/06/04 |NCN=[2013] EWCOP B7B |Court=Court of Protection |Judges=Judge, Munby |Sentence=Contempt guidance |Summary=This Practice Guidance supplements Practice Guidance: Committal for Contempt of Court [2013] EWHC B4 (COP). (1) The Guidance states how applications for committal should be shown in the public court list, for hearings in open court and hearings in private. (2) A party may pay for a copy of the application notice, except in exceptional circumstances where the judge must set out in writing his reasons for refusal. (3) The Guidance applies not only in the Court of Protection, but also to committal applications in family proceedings in the County Court and in the Family Proceedings Court. (4) The judge and advocates should be robed. |Detail===See also== Practice Guidance: Committal for Contempt of Court [2013] EWHC B4 (COP)

2013-07-042013 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function
Practice Guidance: Committal for Contempt of Court [2013] EWHC B4 (COP) — {{Case

|Date=2013/03/03 |NCN=[2013] EWCOP B4B |Court=Court of Protection |Judges=Judge, Munby |Sentence=Contempt guidance |Summary=Applications for committal for contempt, including in the Court of Protection and Family Division, should be heard and decided in public. The discretion to hear such an application in private (in the COP or, in proceedings relating to a child, the Family Division) should be exercised only in exceptional cases where it is necessary in the interests of justice, and in all such cases the court must state in public: (a) the name of that person; (b) in general terms the nature of the contempt of court in respect of which the committal order or suspended committal order is being made; and (c) the punishment being imposed. Committal applications should at the outset be listed and heard in public and a public judgment must be given setting out reasons if the court decides to sit in private. Committal applications in the Court of Protection or the Family Division should at the outset be listed and heard in public. Whenever the court decides to exercise its discretion to sit in private the judge should, before continuing the hearing in private, give a judgment in public setting out the reasons for doing so. Every such statement or judgment must be transcribed at public expense and published on Bailii. |Detail===See also== Practice Guidance: Committal for Contempt of Court (Supplemental) [2013] EWHC B7 (COP)

Stoke City Council v Maddocks [2012] EWHC B31 (COP), [2012] MHLO 111

2013-05-042013 cases, Cases, Contempt of court cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function