VB v JG

VB v JG

The appeal is allowed because restricting cross-examination in contempt proceedings violates the absolute procedural rights guaranteed by Article 6 ECHR, and the court must always consider proportionality and legitimacy of purpose in committal applications.

Parties
Applicant: VB; Respondent: JG
Jurisdiction
England and Wales
Judgment Date
04 July 2025
Procedural Posture
Appeal / Permission to Appeal and Full Appeal Against Case Management Decision
Outcome
Appeal allowed by consent.
Legal Topics
Case Management, Cross Examination, Committal Proceedings, Procedural Fairness
Family Law Contempt of Court Case Management Cross Examination 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 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

VB

Applicant

JG

Respondent

Procedural Posture

Appeal / Permission to Appeal and Full Appeal Against Case Management Decision

Legal Issues

  1. 1 Whether the trial judge can restrict cross-examination in contempt proceedings
  2. 2 Whether procedural rights under Article 6 ECHR are infringed by limiting cross-examination
  3. 3 Whether the committal application is proportionate and for legitimate purposes

Ratio Decidendi

The appeal is allowed because restricting cross-examination in contempt proceedings violates the absolute procedural rights guaranteed by Article 6 ECHR, and the court must always consider proportionality and legitimacy of purpose in committal applications.

Court Disposition

Appeal allowed by consent.

Orders

  • Paragraph 1 of the Order of HHJ Willans dated 27 January 2025 is set aside.
  • The hearing of 1 May 2025 is vacated.