Continuing contemptEnforcementContinuing contemptContempt of courtEnforcementContinuing contempt
17.20In
A Local Authority v B, F and G,
1[2014] EWCOP B18. HHJ Cardinal confirmed that the Court of Protection has the power to make a
Hadkinson order
2Named after Hadkinson v Hadkinson [1952] P 285. – ie an order refusing to hear further representations in the proceedings from a person who has been found to be in contempt of court in those proceedings until such point as they have ‘purged’ their contempt and acceded to the court’s powers. Such an order can be made in respect of any party to the proceedings who has been held in contempt. The question for the court upon such an application is:
… whether, taking into account all the circumstances of the case, it is in the interests of justice not to hear the contemnor. Refusing to hear a contemnor is a step that the court will only take where the contempt itself impedes the course of justice. What is meant by impeding the course of justice in this context comes from the judgment of Lord Justice Denning in
Hadkinson v Hadkinson [1952] P 285 and means making it more difficult for the court to ascertain the truth or to enforce the orders which it may make.
3JSC BTA Bank v Mukhtar Ablyazov [2013] EWHC 1979 (Comm) at para 13 per Popplewell J.Powers to protect court’s own processes
17.21In
Re A (A Patient)4[2016] EWCOP 38. Sir James Munby P confirmed that the Court of Protection has the power to make civil restraint orders. Specific provisions are likely to be added to the COPR relating to such orders in due course.