Wear Valley District Council v Robson [2008] EWCA Civ 1470 (14 November 2008)

Wear Valley District Council v Robson [2008] EWCA Civ 1470 (14 November 2008)

The Recorder was entitled to rely on hearsay evidence given the circumstances and proximity of Mr Walton to the events; the six-month sentence for contempt was appropriate and not manifestly excessive given the seriousness and repeated nature of the breaches.

Citation
[2008] EWCA Civ 1470
Parties
Respondent/claimant: Wear Valley District Council; Appellant/defendant: Robson
Jurisdiction
England and Wales
Judgment Date
14 November 2008
Procedural Posture
Appeal / Judgment on Appeal Against Sentence for Contempt
Outcome
Appeal dismissed
Legal Topics
Anti Social Behaviour Injunction, Hearsay Evidence, Sentencing for Contempt
Housing Law Civil Procedure Contempt of Court Anti Social Behaviour Injunction Hearsay Evidence Sentencing for Contempt

Case Brief

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Parties

Wear Valley District Council

Respondent/claimant

Robson

Appellant/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Sentence for Contempt

Legal Issues

  1. 1 Whether the Recorder erred in relying on hearsay evidence to find breaches of the injunction
  2. 2 Whether the six-month sentence for contempt was excessive

Ratio Decidendi

The Recorder was entitled to rely on hearsay evidence given the circumstances and proximity of Mr Walton to the events; the six-month sentence for contempt was appropriate and not manifestly excessive given the seriousness and repeated nature of the breaches.

Court Disposition

Appeal dismissed

Orders

  • Six months' imprisonment for contempt upheld