MacPherson v Sunderland City Council [2024] EWCA Civ 1579
Appeal against committal order - Court of Appeal's powers There was reason to believe (under MCA 2005 s48) that the appellant lacked capacity in relation to this appeal against a committal order. The Court of Appeal has all the powers of a lower court (whether that be the Court of Protection or otherwise) in relation to an appeal so it can make an interim declaration and refer any issue for determination by that lower court. The questions of the appellant's current capacity, and her capacity when sentenced, were referred to a Tier 3 COP judge for determination, after which the Court of Appeal will hear the case again. The stay of the sentence of imprisonment was continued, the bench warrant was discharged, and the appeal was adjourned, but the injunctions remained in force.
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This case's neutral citation number appears in the following newsletters:Full judgment: BAILII
Subject(s):
- Contempt of court cases🔍 Older contempt of court cases can still be found in Category:Other capacity cases
Date: 19/12/24🔍
Court: Court of Appeal (Civil Division)🔍
Judicial history:
Judge(s):
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What links here:- Sunderland City Council v Macpherson [2023] EWCOP 3
- SCC v FP [2022] EWCOP 30
- Sunderland City Council v MacPherson [2024] EWCOP 8
- MacPherson v Sunderland City Council [2023] EWCA Civ 574
Published: 15/1/25 22:39
Cached: 2025-03-02 06:11:23
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