Derbyshire County Council v James Grundy (by the Official Solicitor as litigation friend)

Mr. Grundy breached the injunction and suspended sentence order beyond reasonable doubt, and the evidence establishes he has capacity to understand the proceedings and consequences.

Source-derived case information.

Parties: Claimant: Derbyshire County Council; Defendant: James Grundy; Interested Party: P
Jurisdiction: England and Wales
Judgment Date: 30 January 2025
Procedural Posture: Committal Proceedings / Judgment on Breach and Capacity
Outcome: All four breaches proven; Mr. Grundy found to have capacity; sentencing deferred.
Legal Topics: Injunction Breach, Suspended Sentence Activation, Capacity Assessment, Litigation Friend Discharge

Mental Capacity Contempt of Court Court of Protection Injunction Breach Suspended Sentence Activation Capacity Assessment Litigation Friend Discharge

Source-derived case record

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2

Parties

Derbyshire County Council

Claimant

James Grundy

Defendant

Interested Party

Procedural Posture

Committal Proceedings / Judgment on Breach and Capacity

Legal Issues

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

Ratio Decidendi

Mr. Grundy breached the injunction and suspended sentence order beyond reasonable doubt, and the evidence establishes he has capacity to understand the proceedings and consequences.

Court Disposition

All four breaches proven; Mr. Grundy found to have capacity; sentencing deferred.

Orders

Official Solicitor discharged as litigation friend for Mr. Grundy.
Mr. Grundy has right to appeal without permission; time runs from today.

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