McCann v A.B., X.Y. & Anor [2018] IECA 179 (21 June 2018)

McCann v A.B., X.Y. & Anor [2018] IECA 179 (21 June 2018)

The High Court has jurisdiction to commit for civil contempt under common law and the Constitution; Ms Y was not unlawfully disadvantaged by lack of legal aid; service of the order and its form did not invalidate the committal; the family law settlement argument was conclusively determined against her; no reasonable alternative to committal existed given her refusal to comply.

Citation
[2018] IECA 179
Parties
Plaintiff/respondent: Paul McCann; Defendant/respondent: AB; Defendant/appellant: XY (Ms Y); Defendant/respondent: The Anti-Eviction Taskforce
Jurisdiction
Ireland
Judgment Date
21 June 2018
Procedural Posture
Civil Appeal / Appeal From High Court Committal Order
Outcome
appeal dismissed
Legal Topics
Civil Contempt, Committal Jurisdiction, Enforcement of Court Orders, Legal Aid, Family Law Settlements, Service of Court Orders
Civil Procedure Property Law Family Law Contempt of Court Civil Contempt Committal Jurisdiction Enforcement of Court Orders Legal Aid +2 more

Case Brief

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Parties

Paul McCann

Plaintiff/respondent

AB

Defendant/respondent

XY (Ms Y)

Defendant/appellant

The Anti-Eviction Taskforce

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Committal Order

Legal Issues

  1. 1 Whether the High Court has jurisdiction to commit for civil contempt
  2. 2 Whether lack of legal aid invalidates the committal order
  3. 3 Whether service of the order after the time for compliance affects validity

Ratio Decidendi

The High Court has jurisdiction to commit for civil contempt under common law and the Constitution; Ms Y was not unlawfully disadvantaged by lack of legal aid; service of the order and its form did not invalidate the committal; the family law settlement argument was conclusively determined against her; no reasonable alternative to committal existed given her refusal to comply.

Court Disposition

appeal dismissed

Orders

  • Ms Y remains committed for contempt unless she purges her contempt by vacating the property and undertaking not to return.
  • No alteration to the High Court committal order.