AB v HB & Anor [2021] EWCOP 45

​Application for the committal of one of the P's sons because of his breach of seven court orders. No custodial sentence or fine was imposed.

The P has three children, two of which live in the UK with him and the other (the Applicant) who lives in the US. The Applicant sought legal advice because he was particularly concerned that the P had lost capacity to manage his property and affairs and was being financially exploited. The P's estate was significant. One of the UK siblings (HB) continually thwarted attempts to have the P's capacity assessed in breach of seven court orders and the Applicant sought to have HB committed to prison for those breaches. By the time of this hearing, however, the assessment had been made.

The court reminded HB of his obligations to obey court orders. The court was satisfied that on this occasion, it was not necessary to impose any custodial sentence, immediate or suspended, and neither was it necessary to impose a fine. The court propose to make any penalty, because it intended to give HB the opportunity to demonstrate that he has learnt the importance of compliance with court orders.

Read the full text of the judgment on Bailii