M, Re

M, Re

Mrs. Kirk is in contempt of court for failing to sign the declaration of authority as required by the order of 20 June 2016, having been present, served, warned, and given opportunity to comply, and having admitted the breach in court.

Parties
Applicant: Devon County Council; Respondent: Mrs. Teresa Kirk; Subject of Proceedings: MM
Jurisdiction
England and Wales
Judgment Date
18 August 2016
Procedural Posture
Committal for Contempt of Court / Judgment on Committal Application and Sentencing
Outcome
Mrs. Kirk found in contempt of court; sentenced to six months' imprisonment, suspended for seven days to allow compliance.
Legal Topics
Committal Proceedings, Court Orders Enforcement, Best Interests, Capacity Determination
Mental Capacity Law Contempt of Court Committal Proceedings Court Orders Enforcement Best Interests Capacity Determination

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Parties

Devon County Council

Applicant

Mrs. Teresa Kirk

Respondent

MM

Subject of Proceedings

Procedural Posture

Committal for Contempt of Court / Judgment on Committal Application and Sentencing

Legal Issues

  1. 1 Whether Mrs. Kirk is in contempt of court for failing to comply with paragraph 7 of the order of Baker J dated 20 June 2016
  2. 2 Whether the requirements for committal for contempt have been satisfied

Ratio Decidendi

Mrs. Kirk is in contempt of court for failing to sign the declaration of authority as required by the order of 20 June 2016, having been present, served, warned, and given opportunity to comply, and having admitted the breach in court.

Court Disposition

Mrs. Kirk found in contempt of court; sentenced to six months' imprisonment, suspended for seven days to allow compliance.

Orders

  • Mrs. Kirk sentenced to six months' imprisonment for contempt, suspended for seven days to allow her to sign the authority.
  • If Mrs. Kirk signs the authority within seven days, the warrant will not be executed and the sentence will be suspended for 12 months.