Devon County Council v Kirk

Contempt of court – Appeal. The Court of Appeal Civil Division allowed an appeal from a decision to incarcerate a 71 year old woman for failing to comply with a court order to move an 81 year old man from Portugal to Devon. The appeal against the committal would succeed with the result that that order would be set aside on the basis that the woman had had a pending application for permission to appeal. The court had been in error in proceeding with the application for committal without further clarification as to the proposed appeal.

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