View source for Devon County Council v Teresa Kirk (2016) EWCA Civ 1221

{{Case
|Date=2016/12/05
|NCN=[2016] EWCA Civ 1221
|ICLR=[2016] WLR(D) 652
|ICLR ID=2016007232
|Other citations=[2017] 4 WLR 36, [2016] MHLO 51
|Court=Court of Appeal (Civil Division)
|Judges=McFarlane, Black, Munby
|Parties=Devon County Council, Teresa Kirk
|Judicial history first case=Devon County Council v Manuel Martins and Teresa Kirk (2016) EWCOP 45
|Sentence=Contempt of court appeal
|Summary="In the circumstances of the present case, where a party was facing the likelihood of a prison sentence for contempt, but where that party, whom the court accepts had genuine and sincere objections to the welfare determination that had been made, had issued an application for permission to appeal that welfare determination, it was simply premature for the judge to press on with the committal application. The absence of an application for a stay of the order, where it is almost certain that a stay would have been granted pending receipt of the transcript of Baker J's judgment [the welfare determination], should not have been taken as justification for proceeding with the committal application. ... I end with a reminder to contemnors and their representatives of the availability of public funding. ... Whatever the limitations of civil funding, public funding in contempt cases is available under the criminal scheme. ...The effect of [a Court of Appeal decision] is that this covers all proceedings for contempt of court, whether criminal or civil in nature and whether arising in the context of criminal, civil or family proceedings. Because this is criminal public funding, it can be ordered by the court. ... In the same way, criminal public funding is available in this court."
|External links=* {{link|https://www.lambchambers.co.uk/news-and-resources/lamb-chambers-prevails-in-dementia-care-court-of-appeal-case.htm|Colin Challenger, 'Lamb Chambers prevails in dementia care Court of Appeal case' (9/11/16)|s}}

* {{link|http://www.telegraph.co.uk/news/2016/11/08/grandmother-freed-after-being-jailed-for-refusing-to-return-elde/|Patrick Sawer, 'Grandmother freed after being jailed for refusing to return elderly man from Portuguese care home' (Telegraph, 8/11/16)|s}}

* {{link|https://www.solicitorsjournal.com/news/legal-profession/legal-aid/police-who-handcuffed-barrister-rcj-offer-%C2%A3100000-and-apology|Solicitors Journal, 'Police who handcuffed barrister in RCJ offer £100,000 and apology' (14/10/10)|s}}

* {{link|http://www.yorkpress.co.uk/news/14876059.Grandmother_freed_after_judges_overrule_six_month_jail_term/|Ben James, 'Grandmother freed after judges overrule six-month jail term' (The York Press, 9/11/16)|s}}

* {{link|http://www.dailymail.co.uk/news/article-4221348/Court-jailed-pensioner-banned-talking.html|Sue Reid, 'Touching picture of sibling devotion that was BANNED until now: Pensioner who was jailed by a secret court can finally tell the story of how she tried to protect her brother because, shortly after these photographs were taken, he died' (Daily Mail, 13/2/16)|s}}

* {{link|http://www.transparencyproject.org.uk/teresa-kirk-and-the-court-of-protection-the-end-of-an-astonishing-story/|Barbara Rich, 'Teresa Kirk and the Court of Protection - the end of an “astonishing story”' (Transparency Project, 20/2/17)|s}}
|Subject=Contempt of court cases
|News=No
|RSS pubdate=2021/09/18 08:26:42 PM
}}