Failures in Applying Contempt Procedures
The appellant challenged the finding that he had been in contempt of court. Working as a paralegal in the case he was said to have disclosed to the Immigration Tribunal, documents from family proceedings without the Family Court’s required consent.
Held: His appeal succeeded. The Court pointed to several errors in the decision: (1) The failure to give the appellant proper notice of the contempt allegation and the fact that he was facing an application to commit him to prison, the recorder’s direction having been simply an order for the filing of an explanatory statement and no other notice having been issued or served on the appellant.
(2) The failure to particularise the alleged contempt, no attempt having been made to identify precisely the documents which had allegedly been unlawfully disclosed.
(3) The failure to give the appellant a fair opportunity to consider whether he wished to be legally represented. It is said that the judge ought to have appreciated that he did not understand what was going on and, in those circumstances, should have adjourned the hearing.
(4) The failure to ensure the allegations were put expressly to the appellant and to establish whether it was he who was responsible for any unauthorised disclosure rather than Mr Gull.
(5) By requiring the appellant to go into the witness box, thereby compelling him to give evidence.
(6) Further complaint is made as to the sentence imposed. It is submitted that the judge failed to give the appellant a proper opportunity to put forward any matters in mitigation and then passed a sentence which was unduly harsh.
In effect the judge had acted as a prosecutor.
[2019] EWCA Civ 1559
Bailii
Family Procedure Rules 37.27
England and Wales
Citing:
Cited – In re L (A Child) CA 22-Mar-2016
U appealed from conviction and sentence of six months for contempt of court. The court used its inherent jurisdiction
Vos LJ said: ‘The process of committal for contempt is a highly technical one as this case shows. But it is highly technical . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court, Legal Professions
Updated: 21 December 2021; Ref: scu.641794