M, Re [2016] EWCOP 42 (18 August 2016)

M, Re [2016] EWCOP 42 (18 August 2016)

Mrs. Kirk was present when the order was made, was properly served, understood the order, and has unequivocally refused to comply. The requirements for committal proceedings are satisfied. Her continued refusal constitutes contempt of court. The only effective means of enforcement is a custodial sentence, but the sentence is suspended to allow compliance.

Citation
[2016] EWCOP 42
Parties
Applicant: Devon County Council; Interested Party: Mrs. Teresa Kirk; Respondent: MM
Jurisdiction
England and Wales
Judgment Date
18 August 2016
Procedural Posture
Committal for Contempt of Court / Sentencing After Admission of Breach
Outcome
Mrs. Kirk sentenced to six months' imprisonment for contempt, suspended for seven days to allow compliance.
Legal Topics
Committal Proceedings, Breach of Court Order, Best Interests, Capacity, Sentencing for Contempt
Court of Protection Contempt of Court Mental Capacity Committal Proceedings Breach of Court Order Best Interests Capacity Sentencing for Contempt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Devon County Council

Applicant

Mrs. Teresa Kirk

Interested Party

MM

Respondent

Procedural Posture

Committal for Contempt of Court / Sentencing After Admission of Breach

Legal Issues

  1. 1 Whether Mrs. Kirk is in contempt of court for failing to comply with paragraph 7 of the order of 20 June 2016
  2. 2 Whether the requirements for committal proceedings have been satisfied
  3. 3 What is the appropriate sentence for the admitted breach

Ratio Decidendi

Mrs. Kirk was present when the order was made, was properly served, understood the order, and has unequivocally refused to comply. The requirements for committal proceedings are satisfied. Her continued refusal constitutes contempt of court. The only effective means of enforcement is a custodial sentence, but the sentence is suspended to allow compliance.

Court Disposition

Mrs. Kirk sentenced to six months' imprisonment for contempt, suspended for seven days to allow compliance.

Orders

  • Warrant of committal suspended for seven days to allow Mrs. Kirk to sign the authority.
  • If Mrs. Kirk signs within seven days, sentence suspended for 12 months.