Wilkinson v Lord Chancellor's Department & Anor

Wilkinson v Lord Chancellor's Department & Anor

Detention pending contempt hearing was lawful given the circumstances and arrangements for fair summary procedure; judge was not biased and properly exercised discretion; appellant's additional grounds lacked merit; sentence for contempt was justified; suspended committal orders are appealable without permission.

Parties
Appellant: Alan Wilkinson; 1st Respondent: Mother (unnamed); 2nd Respondent: Lord Chancellor's Department; Intervenor: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Appeal and Applications for Permission to Appeal / Judgment on Substantive Appeal and Applications
Outcome
Appeal dismissed; applications for permission to appeal refused.
Legal Topics
Contempt of Court, Children Act Proceedings, Non Molestation Orders, Parental Responsibility, Suspended Committal Orders, Article 5 and 6 ECHR, Case Management, Section 91(14) Children Act
Family Law Civil Procedure Human Rights Contempt of Court Children Act Proceedings Non Molestation Orders Parental Responsibility Suspended Committal Orders +3 more

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Parties

Alan Wilkinson

Appellant

Mother (unnamed)

1st Respondent

Lord Chancellor's Department

2nd Respondent

Official Solicitor

Intervenor

Procedural Posture

Appeal and Applications for Permission to Appeal / Judgment on Substantive Appeal and Applications

Legal Issues

  1. 1 Lawfulness of detention pending contempt hearing
  2. 2 Appropriateness of summary procedure for contempt
  3. 3 Impartiality of judge in contempt proceedings

Ratio Decidendi

Detention pending contempt hearing was lawful given the circumstances and arrangements for fair summary procedure; judge was not biased and properly exercised discretion; appellant's additional grounds lacked merit; sentence for contempt was justified; suspended committal orders are appealable without permission.

Court Disposition

Appeal dismissed; applications for permission to appeal refused.

Orders

  • No order for costs.
  • Suspended committal order is appealable without permission under CPR 52.3(1)(a).