Guidance on committal route

Barnet LBC v Hurst (CA TLR 12 August)

The appeal by the defendant against his committal to prison for nine months for his admitted breach of an undertaking and a cross-appeal against part of the judge’s order gave the court the opportunity to clarify the appropriate route of appeal following an order made by a judge in a civil court on an application to commit. A distinction has to be drawn between an order by which a party is committed to prison, for which permission to appeal is not required, and any other order or decision made by a court in the exercise of jurisdiction to punish for contempt. The latter orders come within the ambit of s13 of the Administration of Justice Act 1960 in respect of which permission is required. Appeals from circuit judges from a committal lie to the Court of Appeal as of right under s13(2), while appeals against any other order or decision of a circuit judge made in the exercise of jurisdiction to punish the contempt similarly lie to the Court of Appeal, but permission to appeal is required. Similar provisions apply to appeals by a district judge to a circuit judge, although alternatively and exceptionally, an appeal would lie to the Court of Appeal through the transfer operation contained in rule 52.4 or s57 of the Access to Justice Act 1999.