Committal For Contempt Of Court (Practice Guidance - Supplemental) [2013] EWCOP B7 (04 June 2013)
Committal applications in the Court of Protection and Family Division must be listed and heard in public, with private hearings permitted only in exceptional cases justified by the interests of justice, and reasons for privacy must be given in public.
- Citation
- [2013] EWCOP B7
- Parties
- President of the Family Division and President of the Court of Protection: Sir James Munby
- Jurisdiction
- England and Wales
- Judgment Date
- 04 June 2013
- Procedural Posture
- Practice Guidance / Supplemental Guidance Issued
- Outcome
- Practice Guidance issued and clarified
- Legal Topics
- Committal Applications, Open Justice, Court Listing, Public Hearings, Private Hearings
Case Brief
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Parties
Sir James Munby
President of the Family Division and President of the Court of Protection
Procedural Posture
Practice Guidance / Supplemental Guidance Issued
Legal Issues
- 1 Whether committal applications should be heard in public or private
- 2 Procedural requirements for listing and hearing committal applications
- 3 Access to application notices by non-parties
Ratio Decidendi
Committal applications in the Court of Protection and Family Division must be listed and heard in public, with private hearings permitted only in exceptional cases justified by the interests of justice, and reasons for privacy must be given in public.
Court Disposition
Practice Guidance issued and clarified
Orders
- Committal applications to be listed and heard in public unless exceptional circumstances exist.
- If heard in private, reasons must be given in public judgment.
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