Nasrullah Mursalin, Re

Nasrullah Mursalin, Re

The appeal was allowed because the committal proceedings failed to comply with mandatory procedural safeguards: the appellant was not given proper notice of the contempt allegation, the alleged breach was not particularised, he was not afforded a fair opportunity for legal representation, was compelled to give evidence, and the seriousness of the breach was not properly assessed. These defects rendered the proceedings unfair and the resulting order unjust.

Parties
Appellant: Nasrullah Mursalin; Supervising Solicitor: Riaz Gull; Client: Mr M
Jurisdiction
England and Wales
Judgment Date
03 September 2019
Procedural Posture
Civil Appeal / Appeal From Committal Order
Outcome
appeal allowed
Legal Topics
Contempt of Court, Unauthorised Disclosure, Committal Proceedings, Procedural Fairness
Family Law Civil Procedure Contempt of Court Unauthorised Disclosure Committal Proceedings Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Nasrullah Mursalin

Appellant

Riaz Gull

Supervising Solicitor

Mr M

Client

Procedural Posture

Civil Appeal / Appeal From Committal Order

Legal Issues

  1. 1 Whether the appellant was given proper notice of contempt proceedings
  2. 2 Whether procedural requirements for committal were complied with
  3. 3 Whether the appellant's rights to legal representation and fair hearing were protected

Ratio Decidendi

The appeal was allowed because the committal proceedings failed to comply with mandatory procedural safeguards: the appellant was not given proper notice of the contempt allegation, the alleged breach was not particularised, he was not afforded a fair opportunity for legal representation, was compelled to give evidence, and the seriousness of the breach was not properly assessed. These defects rendered the proceedings unfair and the resulting order unjust.

Court Disposition

appeal allowed

Orders

  • suspended committal order set aside
  • order for costs reserved