Source: All England Reporter
Publisher Citation: [2002] All ER (D) 312 (Oct)
Court: Court of Appeal, Civil Division

Peter Gibson, Mance and Hale LJJ

Representation Ayesha Hasan for the father.
  Rohan Auld for the mother.
Judgment Dates: 22 October 2002


Human rights - Right to fair and public hearing - Committal proceedings - Right to legal representation - Equality of arms - Contact order - Contempt of court - Application to lift suspension of committal order - Mother not represented at committal proceedings - European Convention on Human Rights, art 6(3)(c).

The Case

A distinction could be made between legal representation for the merits of a contact dispute and legal representation for committal proceedings. The latter amounted to the determination of a criminal charge and therefore invoked the protection of the right to legal representation contained within art6(3)(c) of the European Convention on Human Rights.

Practice Areas

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