The Court of Appeal allowed Mrs Davies’ appeal and set aside findings of contempt arising from alleged breaches of an injunction in a County Court land dispute. At first instance, the judge refused an adjournment so that she could obtain legal representation and proceeded to hold Mrs Davies in contempt of court.
The Court of Appeal held that this was procedurally unfair. In civil committal proceedings, a defendant is entitled to legal representation if they wish, and the court must ensure they understand that right and have a proper opportunity to exercise it. There is no means test for legal aid in such proceedings and the refusal to adjourn in the absence of any urgency was therefore wrong.
The findings of breach were set aside and the matter was remitted for rehearing before a different judge. The case was argued by Rupert Bowers KC and is being treated as a guideline authority on representation and legal aid in civil committal proceedings.
Michael Misick, the former premier of the overseas British Territory of the Turks and Caicos…
Chambers is delighted to announce that Rupert Bowers KC has accepted an invitation to join…
