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United Kingdom
Court of Appeal upholds committal for contempt for deliberate breach of publication injunction concerning vulnerable adult – Macpherson v Sunderland City Council [2025] EWCA Civ 1159 (England and Wales)
Published on: 17 October 2025
Published by a LexisNexis Private Client expertLegal News
Article summary
Macpherson v Sunderland City Council [2025] EWCA Civ 1159
What are the practical implications of this case?
Brazen non-compliance with an order carrying a penal notice, where the breaches are wilful and purposeful, can and does result in committal to prison for contempt of court.
What was the background?
The proceedings concerned ‘FP’, diagnosed with cerebral palsy and paranoid schizophrenia. The appellant was FP’s mother. In 2020, His Honour Judge Moir concluded that FP lacked capacity across several domains, a finding the appellant refused to accept. HHJ Moir’s judgment also made adverse findings: the appellant’s conduct towards care workers was ‘abusive and unpleasant’, and FP’s relationship with her was ‘enmeshed’ and ‘unhealthy’. He determined it was in FP’s best interests not to be cared for at home by the appellant; the appellant’s bid for permission to appeal was refused. The appellant’s behaviour did not alter. After a further contested hearing, on 30 June 2020, by an order endorsed with a penal notice, Mr Justice Poole: suspended face to face contact between FP and the appellant; prohibited the appellant from recording FP or her care staff, publicising the proceedings, or publishing any recording of FP; and with further terms to follow...
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