Westcar v Westcar

Westcar v Westcar

The evidence before the court was insufficient to justify the extension of the injunction and the attachment of a power of arrest beyond the period of the suspended committal order; the injunction should have lasted only as long as the suspension period.

Parties
Claimant/appellant: Westcar; Defendant/respondent: Westcar
Jurisdiction
England and Wales
Judgment Date
04 October 2006
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed (in part)
Legal Topics
Injunctions, Non Molestation Orders, Power of Arrest, Committal for Breach, Contact With Children
Family Law Injunctions Non Molestation Orders Power of Arrest Committal for Breach Contact With Children

Case Brief

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Parties

Westcar

Claimant/appellant

Westcar

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the evidence justified the grant and extension of non-molestation and occupation injunctions with power of arrest against the appellant
  2. 2 Whether the injunction should have been extended beyond the period of the suspended committal order

Ratio Decidendi

The evidence before the court was insufficient to justify the extension of the injunction and the attachment of a power of arrest beyond the period of the suspended committal order; the injunction should have lasted only as long as the suspension period.

Court Disposition

appeal allowed (in part)

Orders

  • The injunction is terminated as of 24 June, coinciding with the end of the suspended committal period.