Source: All England Reporter
Publisher Citation: [2016] All ER (D) 26 (Sep)
Neutral Citation: [2016] EWCOP 38
Court: Court of Protection

Sir James Munby P

Representation F appeared in person.
  Charles Howard QC and Charlotte Hartley (instructed by Hughes Fowler Carruthers Ltd) for FH and Hughes Fowler Carruthers.
  Ian Clarke QC (instructed by Hughmans) for C.
Judgment Dates: 10 August 2016


Contempt of court - Civil contempt - Application for contempt of court - Affairs of A being administered by Court of Protection - A's affairs being managed by A's niece, C - A's nephew, F, making applications for committal for contempt against C's solicitor and her firm - Expert appointed in proceedings seeking extended civil restraint order against A - Whether applications should be allowed.

The Case

Contempt of court Civil contempt. The Court of Protection considered, among other things, an application for the committal for 27 contempts of a solicitor and the firm of which she was a member, which were brought by F, who was the applicant nephew of a person whose affairs had been managed by the court. The court held that F's applications had not been made properly, that it would not extend its discretion to consider them and that they were entirely without merit. It further ordered that an extended civil restraint order would be made against F for two years with regard to the relevant proceedings.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.