EBK vs DLO

This case involved an application by EBK to bring contempt proceedings against DLO in a long-standing family dispute concerning child arrangements.

TLDR:

• EBK sought permission to bring contempt proceedings against DLO.
• The dispute centered around alleged breaches of the Administration of Justice Act 1960.
• The High Court denied permission, citing lack of strong prima facie case and proportionality concerns.

The claimant, EBK, sought the committal of the defendant, DLO, for contempt of court, marking his second such application. The application, dated 25 January 2024, was amended following directions by Sir Jonathan Cohen. The hearing for permission to make the application was listed before Mr. Justice Poole on 17 April 2024. EBK was unrepresented, while DLO was represented by Dan Foster, instructed by Watson Ramsbottom Solicitors.

EBK and DLO are parents of a nearly seven-year-old child, N. The parties separated in November 2017, leading to protracted child arrangements orders (CAO) proceedings. In March 2022, District Judge Uppal concluded the proceedings by ordering that N would live with both parents, with more time spent with her mother. A section 91(14) order of the Children Act 1989 was made against both parties, preventing further applications without permission until March 2026.

On 11 August 2020, while the CAO proceedings were ongoing, DLO wrote a letter to a Member of Parliament, repeating allegations of domestic abuse against EBK and referring to the Family Court proceedings. This letter was forwarded to West Yorkshire Police, leading to EBK's arrest on 26 August 2020. No subsequent criminal proceedings followed, and bail was later discharged.

EBK only discovered the letter to the MP at the end of 2023. He alleged that the letter breached the Administration of Justice Act 1960 section 12 by disclosing information from private family proceedings. EBK sought permission to bring contempt proceedings, arguing that the letter interfered with the administration of justice.

Mr. Justice Poole analyzed the case, referencing previous judgments and legal principles. He noted that while the letter to the MP could constitute publication under AJA 1960 section 12, much of its content concerned allegations of abuse rather than specific details of the court proceedings. The judge emphasized that merely repeating allegations made in court does not necessarily breach AJA 1960 section 12.

The court found that there was no strong prima facie case of contempt. The letter did not provide specific details of the court, case number, or judge, nor did it quote or summarize any evidence given in court. The judge concluded that the letter was unlikely to have interfered with the administration of justice.

Furthermore, the court considered issues of public interest, proportionality, and fairness. It was noted that the events surrounding EBK's arrest had been the subject of other litigation, including a defamation case against West Yorkshire Police, which resulted in substantial damages and a formal apology to EBK.

Ultimately, Mr. Justice Poole refused permission for EBK to bring the committal application. He emphasized that the application appeared to be an oppressive use of litigation, potentially aimed at undermining DLO's standing in ongoing family proceedings. The judge also highlighted that the alleged contempt did not undermine the integrity of the court or have any adverse effect on the child.