C A F v M L H (AP) [2014] ScotSC 84 (05 August 2014)

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URL: http://www.bailii.org/scot/cases/ScotSC/2014/84.html
Cite as: [2014] ScotSC 84

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2014SCDUM30

 

        SHERIFFDOM OF SOUTH STRATHCLYDE DUMFRIES AND GALLOWAY AT DUMFRIES

 

                                                                                    NOTE (No.11)

 

                                                                            (Defender’s Motion 28 of process in relation to contempt of court in connection with interlocutor of 18 July 2013)

          by

SHERIFF GEORGE JAMIESON

                                                                                                       in family action F27/12

 

C. A. F.                              PURSUER

 

    against

 

                                                            M. L. H. (AP)                   DEFENDER

                                                     

                                                _____________________________________________   

 

 

DUMFRIES:                                              15 July 2014

 

Act: Party in person                                Alt: Maxwell

 

The sheriff sets out in the accompanying Note his reasons for finding the pursuer in contempt of court in terms of his interlocutor of 27 June 2014 and for pronouncing that part of the interlocutor of 2 July 2014 punishing her for that contempt of court; and, having made avizandum at the hearing on 2 July 2014 in relation to the expenses associated with motion number 28 of process from 13 June 2014 (the date the sheriff principal remitted this motion to the sheriff for its consideration in the first instance), to 2 July 2014, further reserves consideration of those expenses, and the expenses of process thereafter, to the Diet Roll of 11 September 2014 at 10:00am of the Ordinary Court that day to assign a diet of hearing on expenses on a date thereafter.

 

 

 

 

                 Sheriff George Jamieson

 

 

 

 

NOTE:

 



[1] See Mayer v HMA 2005 JC 121 at paragraphs [51] and [55] where the Court referred simply to a “finding” of contempt of court and paragraph [65] where it referred, in the context of discussion of earlier case law to “the findings of contempt and the punishment imposed”.

 

[2] It appears that in cases of  contempt of court in solemn criminal cases, petition to the nobile officium of the High Court is the only competent, and comparable remedy, in respect of both a finding of contempt and any punishment therefor: Mayer v HMA 2005 JC 121; Criminal Procedure (Scotland) Act 1995, section 130.

[3] Cf Mayer v HMA 2005 JC 121 at [49]


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