Application to commit struck out
Re An application to Commit (H v D & ors)  EWHC 2090 (Fam) and  EWHC 2228 (costs)
Applications were made by a father against a CAFCASS officer, her supervisor and the mother’s solicitors to commit them to prison for contempt of court.
The father acted in person with the assistance of two McKenzie Friends.
Mrs Justice Roberts sitting in the Family Division on 7, 8 and 9 July 2015 heard an application by the Respondents to strike out the applications as an abuse of process and an application by the father for permission to bring parts of his committal application pursuant to FPR 2010 r 37.13(2).
After the hearing the father sought permission to discontinue the application against the First Defendant. Permission was granted. The applications were struck out as an abuse of process. In so far as the applications sought committal for interference with the due administration of justice the Judge accepted that the applicant had to show more than a merely arguable case to pass the gateway for permission. She followed the analysis given by Moore-Bick LJ in KJM Superbikes Ltd v Hinton: Practice Note  EWCA Civ 1280. The Judge determined that the applicant had not passed the threshold test or even come close.
Karen Shuman represented all three respondents. She was instructed by CAFCASS Legal and Nelsons Solicitors.