P v P (Contempt of Court: Mental Capacity): CA 21 Jul 1999

To establish that an act was in contempt of court in breaching a court order, the act in breach was necessary, but after that only that the act was wilful and deliberate and knowingly in breach of the order. It is not necessary to show a wilful intention to breach the court order. Where the contemnor, having a mental disability, did not have a full understanding of the order, an awareness of the nature of the prohibited acts, and the prohibition may yet be sufficient.

Citations:

Times 21-Jul-1999

Jurisdiction:

England and Wales

Contempt of Court

Updated: 11 May 2022; Ref: scu.84524