Griffith v P (By Her Litigation Friend the Official Solicitor) [2020] EWCA Civ 1675 (10 December 2020)

Griffith v P (By Her Litigation Friend the Official Solicitor) [2020] EWCA Civ 1675 (10 December 2020)

The judge's finding of contempt was inevitable based on compelling evidence that the appellant deliberately forged a court order to obtain disclosure of medical records, and the sentence of 12 months' imprisonment was necessary and proportionate given the absence of remorse and seriousness of the conduct.

Citation
[2020] EWCA Civ 1675
Parties
Appellant/defendant: Dahlia Griffith; Respondent/applicant: P (by her Litigation Friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
10 December 2020
Procedural Posture
Appeal From Committal Order for Contempt of Court / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Forgery of Court Order, Disclosure of Medical Records, Sentencing for Contempt, Appeal Procedure
Civil Procedure Court of Protection Contempt of Court Committal for Contempt Forgery of Court Order Disclosure of Medical Records Sentencing for Contempt Appeal Procedure

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Parties

Dahlia Griffith

Appellant/defendant

P (by her Litigation Friend the Official Solicitor)

Respondent/applicant

Procedural Posture

Appeal From Committal Order for Contempt of Court / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the committal for contempt of court was properly made
  2. 2 Whether the sentence of 12 months' imprisonment was appropriate
  3. 3 Whether procedural fairness was observed in the absence of the appellant

Ratio Decidendi

The judge's finding of contempt was inevitable based on compelling evidence that the appellant deliberately forged a court order to obtain disclosure of medical records, and the sentence of 12 months' imprisonment was necessary and proportionate given the absence of remorse and seriousness of the conduct.

Court Disposition

Appeal dismissed

Orders

  • Time for appealing extended as an indulgence
  • No order for costs on the appeal