Children’s: Sanction in contempt of court cases

Use of counsel in first instance proceedings

In contempt proceedings you do not need our prior approval to employ counsel but you will have to justify their use at the account stage.  In proceedings in courts where solicitor-advocates have a right of audience, “counsel” includes “solicitor-advocate”.

The court dealing with the contempt may direct that representation shall be by counsel only, or by you only, and may assign any solicitor or counsel who is in the precincts of the court to represent your client.

If the court does not make such a direction, you will have to justify the expense of counsel when we consider your account.  If the court dealing with the contempt is one in which counsel has the exclusive right of audience, employing junior counsel will be a proper expense.  However, you may have to justify employing more than one junior, or senior counsel, when we settle your account.

Use of counsel in appeals arising from contempt proceedings

You need our prior approval to employ senior counsel, or more than one junior counsel, where the proceedings are in the Court of Session or the High Court.  Where the proceedings on appeal are in the sheriff court, you need our prior approval to employ counsel.

We may authorise the employment of counsel retrospectively, if satisfied there is special reason to do so.

The circumstances in which you would need an expert witness are limited.  You might need a medical expert to speak to the mental or physical state of your client being dealt with for contempt.

Expert witnesses in first instance proceedings

You do not need approval when employing an expert at the stage of the contempt being dealt with in the court of first instance.  You would have to justify the expense when you send us your account.

Expert witnesses in appeals arising from contempt proceedings

In proceedings on appeal, you must get our prior approval to employ an expert witness.

We may authorise the employment of an expert witness retrospectively if satisfied there is special reason to do so.

In all proceedings, whether at first instance or on appeal, you must get our prior approval where you propose to carry out work of an unusual nature or likely to involve unusually large expenditure. We cannot grant approval retrospectively.