Hammerton v Hammerton [2007] EWCA Civ 248, [2007] All ER (D) 393 (Mar)
All ER (D) 393 (Mar): (a) proceedings for committal for breach of a court order are a criminal charge for the purposes of Art. 6 of the European Convention on Human Rights (the Convention), so a defendant to such proceedings has the right to representation.
Where he is unrepresented, the judge should enquire as to the circumstances and consider, at the outset of the hearing, whether there should be an adjournment so as to enable him to be represented; (b) as a rule, applications for contact and committal should not be heard at the same time.
If a judge does take that course, he must be astute to differentiate between the two sets of proceedings when it comes to findings of fact and disposal.
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