Mercer (AP) v Coady (AP) [2001] ScotCS 24 (2 February 2001)

Mercer (AP) v Coady (AP) [2001] ScotCS 24 (2 February 2001)

The finding of contempt and the sentence of imprisonment were quashed due to new information affecting the assessment of the defender's conduct, and the matter was remitted to the Sheriff for further proceedings.

Citation
[2001] ScotCS 24
Parties
Pursuer and Respondent: Paul Mercer; Defender and Appellant: Kathryn Coady
Jurisdiction
Scotland
Judgment Date
02 February 2001
Procedural Posture
Appeal / Appeal From Sheriffdom of Grampian, Highland and Islands at Stornoway
Outcome
finding of contempt and sentence quashed; case remitted to Sheriff
Legal Topics
Contempt Finding, Imprisonment Sentence, Minute for Variation, Remit to Sheriff
Contempt of Court Family Law Contempt Finding Imprisonment Sentence Minute for Variation Remit to Sheriff

Case Brief

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Parties

Paul Mercer

Pursuer and Respondent

Kathryn Coady

Defender and Appellant

Procedural Posture

Appeal / Appeal From Sheriffdom of Grampian, Highland and Islands at Stornoway

Legal Issues

  1. 1 Whether the finding of contempt of court and sentence of imprisonment against the defender should stand
  2. 2 Whether the defender had effectively abandoned her defence to the Minute

Ratio Decidendi

The finding of contempt and the sentence of imprisonment were quashed due to new information affecting the assessment of the defender's conduct, and the matter was remitted to the Sheriff for further proceedings.

Court Disposition

finding of contempt and sentence quashed; case remitted to Sheriff

Orders

  • Quash the finding of contempt of court contained in the interlocutor of 30 August 1999
  • Quash the sentence of 8 weeks imprisonment imposed on 9 November 1999