EBK v DLO

EBK v DLO

Permission to bring the committal application is refused because there is not a strong prima facie case that the Defendant's letter to the MP constituted contempt under section 12 AJA 1960. The information disclosed did not amount to an account of what went on before the judge in private, nor was it shown to be intended or likely to interfere with the administration of justice. The application is disproportionate, repetitive of previously litigated matters, and would be unfair and oppressive to the Defendant.

Parties
Claimant: EBK; Defendant: DLO
Jurisdiction
England and Wales
Judgment Date
26 April 2024
Procedural Posture
Contempt Application (family) / Permission to Bring Committal Application
Outcome
Permission to bring committal application refused
Legal Topics
Children Act Proceedings, Administration of Justice Act 1960 S12, Disclosure of Private Proceedings, Permission for Committal, Anonymity in Family Proceedings
Family Law Contempt of Court Children Act Proceedings Administration of Justice Act 1960 S12 Disclosure of Private Proceedings Permission for Committal Anonymity in Family Proceedings

Case Brief

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Parties

EBK

Claimant

DLO

Defendant

Procedural Posture

Contempt Application (family) / Permission to Bring Committal Application

Legal Issues

  1. 1 Whether the Defendant's letter to an MP constituted contempt of court by breaching section 12 of the Administration of Justice Act 1960 through publication of information relating to private family proceedings
  2. 2 Whether permission should be granted to bring a committal application for contempt in relation to concluded family proceedings

Ratio Decidendi

Permission to bring the committal application is refused because there is not a strong prima facie case that the Defendant's letter to the MP constituted contempt under section 12 AJA 1960. The information disclosed did not amount to an account of what went on before the judge in private, nor was it shown to be intended or likely to interfere with the administration of justice. The application is disproportionate, repetitive of previously litigated matters, and would be unfair and oppressive to the Defendant.

Court Disposition

Permission to bring committal application refused

Orders

  • Permission to bring committal application is refused
  • Anonymity of both parties and the child to be preserved in any published judgment