The defendant had been ordered to remove a fence she had placed on land in breach of a court order. She had served a term of imprisonment for contempt, as had her mother who had encouraged her in the flouting of the court order. She now sought to appeal against the order.
Held: The underlying finding, that the land at issue was not hers was no longer itself in issue, and continued attempts by the respondent to re-open arguments long settled were pointless. The number of court orders, and defects in some of them had caused confusion, but there was no fundamental fault. Appeal refused.
The court had a discretion to dispense with personal service of a document containing a penal notice, but in deciding whether to exercise that discretion, the court would need to be satisfied that the purposes of the requirements had been achieved.
Judges:
The Vice-Chancellor Lord Justice Potter Lord Justice Carnwath <
Citations:
[2002] EWCA Civ 1402
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Hydropool Hot Tubs Ltd v Roberjot and Another ChD 4-Feb-2011
The parties disputed ownership of a customer database. An interim order had been made prohibiting the defendants’ from its use pending trial. A mandatory order had been made for the disclosure of a list of contacts made, and the claimant complained . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Contempt of Court
Updated: 01 September 2022; Ref: scu.177438
