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LL v Lord Chancellor [2017] EWCA Civ 237

Sep 29, 2018, 19:51 PM
Enforcement – Contempt – Appeal – Committal overturned – Application for damages and a declaration
The father’s appeal from a refusal to award damages and make a declaration was allowed.
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Date : May 3, 2017, 04:07 AM
Article ID : 114071

(Court of Appeal, Longmore, Jackson and King LJJ, 10 April 2017)

Enforcement – Contempt – Appeal – Committal overturned – Application for damages and a declaration

The father’s appeal from a refusal to award damages and make a declaration was allowed.

During the course of family proceedings the father was committed to prison for contempt. That decision was overturned on appeal and the father applied under Part 19 of the FPR for damages and a declaration by the Lord Chancellor in respect of his unlawful imprisonment.

The Lord Chancellor resisted the application and maintained that the errors made by the judge did not amount to a gross and obvious irregularity. At first instance the father was unsuccessful and the judge noted that a very high threshold was required. The father appealed.

The appeal was allowed. In this instance, when looked at cumulatively the errors had amounted to gross and obvious irregularity. The Lord Chancellor could not justify the father’s detention under Art 5(1)(a) or (b) of the European Convention.


Neutral Citation Number: [2017] EWCA Civ 237
Case No: A2/2016/0279

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM High Court, Queen's Bench Division
Mr Justice Foskett
TLQ/15/0657

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 10/04/2017


Before:

LORD JUSTICE LONGMORE
LORD JUSTICE JACKSON
and
LADY JUSTICE KING

- - - - - - - - - - - - - - - - - - - - -

Between:

LL
Appellant / Claimant

- and -

The Lord Chancellor
Respondent / Defendant

- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -

Mr Jamie Burton & Ms Angela Patrick (instructed by Hodge Jones & Allen LLP) for the Appellant
Mr Oliver Sanders QC & Mr Elliot Gold (instructed by Treasury Solicitor) for the Respondent

Hearing date: Tuesday 7th March 2017

- - - - - - - - - - - - - - - - - - - - -


Judgment Approved

LL v Lord Chancellor [2017] EWCA Civ 237.rtf
Categories :
  • Enforcement
  • Judgments
Tags :
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Product Bucket : Family
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