Bristol City Council v Iles & Anor [2016] EW Misc B33 (CC) (14 October 2016)

Bristol City Council v Iles & Anor [2016] EW Misc B33 (CC) (14 October 2016)

The Second Defendant admitted to 12 breaches of undertakings given to the court, despite repeated warnings and personal service of proceedings. The breaches caused alarm and distress to vulnerable residents. A custodial sentence of six weeks is appropriate, to be served concurrently, and not suspended, to mark the court's disapproval and bring the defendant to account.

Citation
[2016] EW Misc B33 (CC)
Parties
Claimant: Bristol City Council; First Defendant: Stephen Iles; Second Defendant: Cherece Cubb
Jurisdiction
England and Wales
Judgment Date
14 October 2016
Procedural Posture
Contempt of Court/sentencing / Sentencing Judgment
Outcome
Second Defendant sentenced to six weeks' custody for contempt of court, sentences to run concurrently.
Legal Topics
Breach of Undertaking, Sentencing for Contempt, Personal Service, Effect of Breaches on Third Parties
Civil Procedure Contempt of Court Breach of Undertaking Sentencing for Contempt Personal Service Effect of Breaches on Third Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bristol City Council

Claimant

Stephen Iles

First Defendant

Cherece Cubb

Second Defendant

Procedural Posture

Contempt of Court/sentencing / Sentencing Judgment

Legal Issues

  1. 1 Whether the Second Defendant breached undertakings given to the court
  2. 2 Whether a custodial sentence is appropriate for the breaches
  3. 3 Whether the sentence should be suspended

Ratio Decidendi

The Second Defendant admitted to 12 breaches of undertakings given to the court, despite repeated warnings and personal service of proceedings. The breaches caused alarm and distress to vulnerable residents. A custodial sentence of six weeks is appropriate, to be served concurrently, and not suspended, to mark the court's disapproval and bring the defendant to account.

Court Disposition

Second Defendant sentenced to six weeks' custody for contempt of court, sentences to run concurrently.

Orders

  • Second Defendant, Cherece Cubb, to be named as Second Defendant on the order.
  • Six weeks' total custodial sentence for contempt of court, to run concurrently for all breaches.