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Information for "Devon County Council v Teresa Kirk (2016) EWCA Civ 1221"

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Display titleDevon County Council v Teresa Kirk [2016] EWCA Civ 1221
Default sort keyDevon County Council v Teresa Kirk (2016) EWCA Civ 1221
Page length (in bytes)3,356
Page ID8620
Page content languageen - English
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Page creatorJonathan (talk | contribs)
Date of page creation21:17, 6 December 2016
Latest editorJonathan (talk | contribs)
Date of latest edit20:32, 18 September 2021
Total number of edits12
Total number of distinct authors1
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"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."
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