Source: All England Reporter
Publisher Citation: [2006] All ER (D) 154 (Apr)
Court: Court of Appeal, Civil Division
Judge:

Ward LJ and Sir Martin Nourse

Representation Maria Hancock (instructed by Howard & Co, Barnsley) for the father.
Judgment Dates: 11 April 2006

Catchwords

County court - Practice - Committal for contempt - Defendant facing committal proceedings for contempt without written statement setting out nature of alleged contempt - Whether hearing procedurally unfair.

The Case

Where a father had engaged a photographer to take pictures of witnesses in contact proceedings in camera, committal proceedings for contempt were procedurally unfair, without a written statement setting out the alleged contempt. It had not been enough for the judge to set out, however clearly, what she had thought was the nature of the alleged contempt. That was not to say that there could not be cases in which a statement of the alleged contempt could be dispensed with, but the instant case had not been one of them.

Practice Areas

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