Davies v Welch

Davies v Welch

Mrs Welch acted in contempt of court by disclosing documents without leave, but the breach was not serious, was committed in good faith, and would likely have been permitted by the court. No order for committal or costs is warranted.

Parties
Claimant: Gwynne Davies; Defendant: Madeleine Welch
Jurisdiction
England and Wales
Judgment Date
04 November 2010
Procedural Posture
Application for Committal for Contempt of Court / Judgment
Outcome
Application dismissed; no order for committal or costs.
Legal Topics
Contempt of Court, Disclosure of Documents, Ancillary Relief, Child Support
Family Law Civil Procedure Contempt of Court Disclosure of Documents Ancillary Relief Child Support

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Parties

Gwynne Davies

Claimant

Madeleine Welch

Defendant

Procedural Posture

Application for Committal for Contempt of Court / Judgment

Legal Issues

  1. 1 Whether Mrs Welch committed contempt of court by disclosing documents without leave
  2. 2 Seriousness of the contempt
  3. 3 Appropriate remedy or sanction

Ratio Decidendi

Mrs Welch acted in contempt of court by disclosing documents without leave, but the breach was not serious, was committed in good faith, and would likely have been permitted by the court. No order for committal or costs is warranted.

Court Disposition

Application dismissed; no order for committal or costs.