Sherry -v- Gunning [2014] IEHC 411 (12 August 2014)

Sherry -v- Gunning [2014] IEHC 411 (12 August 2014)

The court has jurisdiction to impose coercive orders of indefinite detention for civil contempt to enforce compliance with its orders. The Circuit Court judge erred in substituting a fixed-term sentence for the original indefinite committal order.

Citation
[2014] IEHC 411
Parties
Plaintiff/appellant: Brian Sherry as legal representative of James Gunning (deceased); Defendant/respondent: Eileen Gunning (otherwise Eileen Hameed)
Jurisdiction
Ireland
Judgment Date
12 August 2014
Procedural Posture
Appeal From Circuit Court / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Coercive Committal, Indefinite Detention, Enforcement of Court Orders
Civil Procedure Contempt of Court Coercive Committal Indefinite Detention Enforcement of Court Orders

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Parties

Brian Sherry as legal representative of James Gunning (deceased)

Plaintiff/appellant

Eileen Gunning (otherwise Eileen Hameed)

Defendant/respondent

Procedural Posture

Appeal From Circuit Court / Judgment on Appeal

Legal Issues

  1. 1 Whether a judge may make a coercive order of committal providing for indefinite detention

Ratio Decidendi

The court has jurisdiction to impose coercive orders of indefinite detention for civil contempt to enforce compliance with its orders. The Circuit Court judge erred in substituting a fixed-term sentence for the original indefinite committal order.

Court Disposition

appeal allowed

Orders

  • Order of Circuit Court dated 21st February 2014 set aside
  • Order of Mahon J. dated 24th October 2013 affirmed