Source: All England Reporter
Publisher Citation: [2012] All ER (D) 27 (Oct)
Court: Court of Appeal, Civil Division

Rix, Moore-Bick and Lewison LJJ (judgment delivered extempore)

Representation The claimant appeared in person.
  The defendants did not appear and were not represented.
Judgment Dates: 2 October 2012


Contempt of court - Committal - Proceedings for committal - Claimant being ordered to remove stakes and sockets from land - Claimant failing to remove items within specified time - Defendants issuing committal proceedings seeking enforcement of order - Defendants failing to sufficiently set out allegations of contempt - Judge finding claimant untruthful and in contempt - Claimant appealing - Whether judge erring.

The Case

Contempt of court Committal. The Court of Appeal, Civil Division, held that the claimant had required permission to appeal an order made in committal proceedings since the sanction had been the imposition of a fine rather than imprisonment. Further, the court, allowing the appeal in part, held that findings of breach of a court order would be set aside on the ground of irregularities in the committal application.

Practice Areas

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