Davies v Welch [2010] EWHC 3034 (Admin) (04 November 2010)

Davies v Welch [2010] EWHC 3034 (Admin) (04 November 2010)

Although Mrs Welch's disclosure of documents to the Child Support Agency without leave of the court constituted contempt, the contempt was not serious, being an unwitting oversight by an experienced solicitor acting in good faith for proper purposes. The court would almost certainly have granted leave for disclosure had it been sought. No order for committal or other sanction was warranted, and fairness required no order as to costs.

Citation
[2010] EWHC 3034 (Admin)
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 Under CPR Part 8 / Judgment on Substantive Application and Costs
Outcome
Application dismissed; no order for committal or costs.
Legal Topics
Disclosure of Documents, Ancillary Relief Proceedings, Implied Undertaking, Committal for Contempt, Costs Orders
Family Law Civil Procedure Contempt of Court Disclosure of Documents Ancillary Relief Proceedings Implied Undertaking Committal for Contempt Costs Orders

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Parties

Gwynne Davies

Claimant

Madeleine Welch

Defendant

Procedural Posture

Application for Committal for Contempt of Court Under CPR Part 8 / Judgment on Substantive Application and Costs

Legal Issues

  1. 1 Whether the defendant's disclosure of documents to the Child Support Agency constituted contempt of court
  2. 2 Whether the contempt warranted committal or any other sanction
  3. 3 Whether the claimant was entitled to costs

Ratio Decidendi

Although Mrs Welch's disclosure of documents to the Child Support Agency without leave of the court constituted contempt, the contempt was not serious, being an unwitting oversight by an experienced solicitor acting in good faith for proper purposes. The court would almost certainly have granted leave for disclosure had it been sought. No order for committal or other sanction was warranted, and fairness required no order as to costs.

Court Disposition

Application dismissed; no order for committal or costs.

Orders

  • No order on the application for committal.
  • No order as to costs.