Home > Latest News > Re An application to Commit (H v D & ors) [2015] EWHC 2090 (Fam) and [2015] EWHC 2228 (costs)

Re An application to Commit (H v D & ors) [2015] EWHC 2090 (Fam) and [2015] EWHC 2228 (costs)

Application to commit struck out

Re An application to Commit (H v D & ors)  [2015] EWHC 2090 (Fam) and [2015] EWHC  2228 (costs)

Applications were made by a father against a CAFCASS officer, her supervisor and the mother’s solicitors to commit them to prison for contempt of court.

The father acted in person with the assistance of two McKenzie Friends.

Mrs Justice Roberts sitting in the Family Division on 7, 8 and 9 July 2015 heard an application by the Respondents to strike out the applications as an abuse of process and an application by the father for permission to bring parts of his committal application pursuant to FPR 2010 r 37.13(2).  

After the hearing the father sought permission to discontinue the application against the First Defendant. Permission was granted. The applications were struck out as an abuse of process. In so far as the applications sought committal for interference with the due administration of justice the Judge accepted that the applicant had to show more than a merely arguable case to pass the gateway for permission. She followed the analysis given by Moore-Bick LJ in KJM Superbikes Ltd v Hinton: Practice Note [2008] EWCA Civ 1280. The Judge determined that the applicant had not passed the threshold test or even come close.

Karen Shuman represented all three respondents. She was instructed by CAFCASS Legal and Nelsons Solicitors.

Latest Stop Press Read more

Civil Liability Act 2018 receives Royal Assent on 20th December 2018

9th January 2019

The news that the Civil Liability Act 2018 received Royal Assent on 20th December 2018 may have passed many by due to the Christmas Holiday period. Now that it is an Act of Parliament it is perhaps sensible to look more carefully at the terms of the Act to assess what areas may give rise to...

Read more

Kasikci v London Borough of Southwark & Others

21st December 2018

Ella Davis has successfully represented the London Borough of Southwark in a claim alleging that it had breached a duty to place a homeless applicant in suitable temporary accommodation. 

The Claimant applied to the London Borough of Southwark (“the First Defendant") for temporary...

Read more