Medina Housing Association Ltd v Connolly [2002] EWCA Civ 1263 (26 July 2002)

Medina Housing Association Ltd v Connolly [2002] EWCA Civ 1263 (26 July 2002)

Procedural irregularities in the committal process did not cause injustice or an unfair trial to the appellant; the injunction was in force on the date of the breach; and the sentence imposed was within the permissible range and not manifestly excessive.

Citation
[2002] EWCA Civ 1263
Parties
Claimant/respondent: Medina Housing Association Ltd; Defendant/appellant: Andrew Neil Connolly
Jurisdiction
England and Wales
Judgment Date
26 July 2002
Procedural Posture
Civil Appeal / Appeal From Newport County Court Order Committing Appellant for Breach of Injunction and Contempt
Outcome
Appeal dismissed
Legal Topics
Breach of Injunction, Committal for Contempt, Procedural Fairness, Interpretation of Court Orders
Civil Procedure Housing Law Contempt of Court Breach of Injunction Committal for Contempt Procedural Fairness Interpretation of Court Orders

Case Brief

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Parties

Medina Housing Association Ltd

Claimant/respondent

Andrew Neil Connolly

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Newport County Court Order Committing Appellant for Breach of Injunction and Contempt

Legal Issues

  1. 1 Whether procedural defects in committal proceedings invalidated the order
  2. 2 Whether the injunction was in force at the time of the alleged breach
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

Procedural irregularities in the committal process did not cause injustice or an unfair trial to the appellant; the injunction was in force on the date of the breach; and the sentence imposed was within the permissible range and not manifestly excessive.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, not to be enforced without the permission of the Court.
  • Public funding assessment of the Appellant's costs.