Source: All England Reporter
Publisher Citation: [2007] All ER (D) 143 (Jun)
Court: Court of Appeal, Civil Division

Arden, Dyson and Maurice Kay LJJ

Representation Simon Birks (Angela MaCready, Bradford) for the claimant.
  Ian Pennock (Stachiw Bashir Green, Bradford) for the defendant.
Judgment Dates: 14 June 2007


Contempt of court - Committal - Breach of injunction - Waiver - Housing association obtaining injunction preventing defendant from visiting mother and sister - Mother and sister inviting defendant to homes - Whether waiver of contempt by persons for whose benefit order made.

The Case

Contempt of court Committal. There were occasions where a person might waive a breach of order, such as a restraining order, as set out in established authority. That was, however, only a general proposition. Inevitably, there had to be circumstances in which the court was not prepared to accept that the consent of persons for whose benefit the order had been made was sufficient to prevent the order being enforced, such as where there was a public policy requiring enforcement, or where the order had been made for the benefit of other parties who had not been mentioned in the order at all, such as children.

Practice Areas

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