Richard Achille v Philip Calcutt & Anor
[2024] EWHC 524 (KB)
EBK v DLO
26 April 2024
[2024] EWHC 984 (Fam)
High Court
A father tried to get his ex-partner jailed for writing a letter to an MP complaining about him. The letter mentioned their private family court case. The judge said the letter wasn't serious enough to warrant a court case and refused to let the father proceed because it had already been dealt with in other courts, and it was unfair to the mother. The father's actions were seen as trying to bully the mother.
Key Facts
- •EBK sought to commit DLO to prison for contempt of court for a second time, based on a letter she wrote to an MP in 2020 alleging domestic abuse by EBK.
- •The letter contained information relating to previous private family court proceedings concerning child arrangements.
- •EBK argued that DLO's letter breached Section 12 of the Administration of Justice Act 1960 (AJA 1960) by publishing information from private proceedings.
- •DLO did not provide any documents from the court proceedings to the MP.
- •Previous litigation arose from the events mentioned in the letter, including defamation proceedings against the police.
- •Mostyn J previously refused permission for a similar contempt application by EBK.
- •The CAO proceedings relating to the child, N, concluded in March 2022.
Legal Principles
Publication of information relating to proceedings before any court sitting in private shall not of itself be contempt of court except in specific circumstances outlined in AJA 1960 s12.
Administration of Justice Act 1960, Section 12
Permission is required to make a contempt application for interference with the due administration of justice, unless the proceedings are 'existing' at the time the application is made.
Family Procedure Rules r 37.3(5)(a)
To grant permission for a contempt application, a strong prima facie case must be shown, and the application must be in the public interest, proportionate, and comply with the overriding objective.
Tinker & Anor v Elliott [2014] EWCA Civ 564
AJA 1960 s12 does not prohibit publication of certain information, such as the fact that proceedings exist or the nature of the dispute, but it does prohibit the publication of accounts of what went on in front of the judge in private, or documents from the proceedings.
In the Matter of B [2004] EWHC 411 (Fam)
Children Act 1989 s97(2) makes it an offence to publish material likely to identify a child involved in family court proceedings.
Children Act 1989, Section 97(2)
Outcomes
Permission to bring the committal proceedings was refused.
There was no strong prima facie case of contempt; the application was disproportionate given the time elapsed and previous litigation; there was no public interest served; it would be unfair to the defendant; the claimant had a grossly inflated view of the letter's impact; and the application appeared to be an oppressive use of litigation.
Similar Cases
Northern Lincolnshire & Goole NHS Foundation Trust v Kae Burnell-Chambers & Anor
[2024] EWHC 1901 (KB)
Lioubov Macpherson v Sunderland City Council
[2023] EWCA Civ 574
His Majesty's Solicitor General v Paul Millinder
[2022] EWHC 2832 (Admin)
Barnsley Metropolitan Borough Council v EM & Ors
[2024] EWHC 657 (Fam)