Derbyshire County Council v Grundy [2025] EWCOP 1 (T1) (20 January 2025)

James Grundy breached the injunction and suspended sentence order beyond reasonable doubt and has capacity to understand the proceedings, the orders, and the consequences of breach.

Citation: [2025] EWCOP 1
Parties: Claimant: Derbyshire County Council; Defendant: James Grundy; Interested Party: P
Jurisdiction: England and Wales
Judgment Date: 20 January 2025
Procedural Posture: Committal Application (court of Protection) / Determination of Breach and Capacity
Outcome: All four breaches proven; capacity determined; Official Solicitor discharged as litigation friend; sentencing deferred.
Legal Topics: Committal Proceedings, Suspended Sentence Activation, Capacity Assessment, Breach of Injunction

Mental Capacity Contempt of Court Court of Protection Committal Proceedings Suspended Sentence Activation Capacity Assessment Breach of Injunction

Case Brief

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Parties

Derbyshire County Council

Claimant

James Grundy

Defendant

Interested Party

Procedural Posture

Committal Application (court of Protection) / Determination of Breach and Capacity

Legal Issues

1 Whether James Grundy breached the injunction and suspended sentence order
2 Whether James Grundy has capacity to understand and conduct committal proceedings

Ratio Decidendi

James Grundy breached the injunction and suspended sentence order beyond reasonable doubt and has capacity to understand the proceedings, the orders, and the consequences of breach.

Court Disposition

All four breaches proven; capacity determined; Official Solicitor discharged as litigation friend; sentencing deferred.

Orders

Official Solicitor discharged as litigation friend for James Grundy
Sentencing to be listed separately