APPEAL BY SM AGAINST CM [2017] ScotCS CSIH_1 (05 January 2017)

APPEAL BY SM AGAINST CM [2017] ScotCS CSIH_1 (05 January 2017)

The concurrent hearing of the contact and contempt proceedings, though not incompetent, was inappropriate and created confusion and a real risk of substantial injustice. The procedure adopted led to the defender not giving evidence to explain the missed contacts, which was a significant procedural failure. As a result, the finding of contempt cannot stand.

Citation
[2017] ScotCS CSIH_1
Parties
Defender and Appellant: SM; Pursuer and Respondent: CM
Jurisdiction
Scotland
Judgment Date
05 January 2017
Procedural Posture
Appeal (contempt of Court) / Appeal Against Finding of Contempt and Sentence
Outcome
Appeal allowed; finding of contempt quashed; sentence of imprisonment quashed.
Legal Topics
Parental Contact, Contempt Proceedings, Procedural Fairness, Legal Representation, Standard of Proof
Family Law Civil Procedure Contempt of Court Parental Contact Contempt Proceedings Procedural Fairness Legal Representation Standard of Proof

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Parties

SM

Defender and Appellant

CM

Pursuer and Respondent

Procedural Posture

Appeal (contempt of Court) / Appeal Against Finding of Contempt and Sentence

Legal Issues

  1. 1 Whether the concurrent hearing of contact and contempt proceedings caused substantial injustice
  2. 2 Whether the defender suffered a miscarriage of justice due to defective legal representation
  3. 3 Whether the sentence of imprisonment was appropriate

Ratio Decidendi

The concurrent hearing of the contact and contempt proceedings, though not incompetent, was inappropriate and created confusion and a real risk of substantial injustice. The procedure adopted led to the defender not giving evidence to explain the missed contacts, which was a significant procedural failure. As a result, the finding of contempt cannot stand.

Court Disposition

Appeal allowed; finding of contempt quashed; sentence of imprisonment quashed.

Orders

  • The finding of contempt against the defender is quashed.
  • The sentence of imprisonment is quashed.