Sunderland City Council v MacPherson [2024] EWCOP 8 (22 January 2024)

Sunderland City Council v MacPherson [2024] EWCOP 8 (22 January 2024)

The defendant knowingly and deliberately breached clear injunctive orders of the Court of Protection, with full awareness of the consequences and during the currency of a suspended sentence for identical previous contempt. Her arguments based on Article 10 and Article 6 ECHR, and alleged illegality of the orders,...

Source-derived case information.

Citation
[2024] EWCOP 8
Parties
Claimant: Sunderland City Council; Defendant: Lioubov MacPherson
Jurisdiction
England and Wales
Judgment Date
22 January 2024
Procedural Posture
Committal Application for Contempt of Court (court of Protection) / Judgment After Hearing on Committal Application
Outcome
Defendant found in contempt of court for breaches of injunctive orders; immediate custodial sentence imposed.
Legal Topics
Breach of Injunction, Committal for Contempt, Freedom of Expression (article 10 Echr), Right to Fair Trial (article 6 Echr), Mental Capacity Act 2005, Suspended Sentence Activation
Court of Protection Contempt of Court Human Rights Breach of Injunction Committal for Contempt Freedom of Expression (article 10 Echr) Right to Fair Trial (article 6 Echr) Mental Capacity Act 2005 +1 more

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Parties

Sunderland City Council

Claimant

Lioubov MacPherson

Defendant

Procedural Posture

Committal Application for Contempt of Court (court of Protection) / Judgment After Hearing on Committal Application

Legal Issues

  1. 1 Whether the defendant breached injunctive orders of the Court of Protection
  2. 2 Whether such breaches amount to contempt of court
  3. 3 Whether the defendant's Article 10 and Article 6 rights provide a defence to contempt

Ratio Decidendi

The defendant knowingly and deliberately breached clear injunctive orders of the Court of Protection, with full awareness of the consequences and during the currency of a suspended sentence for identical previous contempt. Her arguments based on Article 10 and Article 6 ECHR, and alleged illegality of the orders, are unfounded as the orders were lawful, repeatedly upheld, and proportionate to protect the vulnerable adult FP. The breaches are serious, repeated, and flagrant, justifying an immediate custodial sentence and activation of the suspended sentence.

Court Disposition

Defendant found in contempt of court for breaches of injunctive orders; immediate custodial sentence imposed.

Orders

  • Defendant sentenced to three months' imprisonment for contempts committed in September 2023.
  • Suspended sentence of 28 days' imprisonment from January 2023 now activated and to run consecutively.