header-logo header-logo

20 April 2007
Issue: 7269 / Categories: Case law , Law digest
printer mail-detail

Family Law

Hammerton v Hammerton [2007] EWCA Civ 248, [2007] All ER (D) 393 (Mar)

All ER (D) 393 (Mar): (a) proceedings for committal for breach of a court order are a criminal charge for the purposes of Art. 6 of the European Convention on Human Rights (the Convention), so a defendant to such proceedings has the right to representation. 

Where he is unrepresented, the judge should enquire as to the circumstances and consider, at the outset of the hearing, whether there should be an adjournment so as to enable him to be represented; (b) as a rule, applications for contact and committal should not be heard at the same time.

If a judge does take that course, he must be astute to differentiate between the two sets of proceedings when it comes to findings of fact and disposal.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll