Turner & Anor v Coates [2025] EWCA Civ 782 (25 June 2025)

Turner & Anor v Coates [2025] EWCA Civ 782 (25 June 2025)

There is no general requirement to stay civil contempt proceedings pending criminal proceedings on the same facts; the judge was entitled to proceed and to impose consecutive sentences for distinct breaches, applying the totality principle.

Citation
[2025] EWCA Civ 782
Parties
Claimant/respondent: Janice Elizabeth Turner; Claimant/respondent: Brian David Aberneithy Greenwood; Defendant/appellant: Mark Gary Coates
Jurisdiction
England and Wales
Judgment Date
25 June 2025
Procedural Posture
Civil Appeal / Appeal From County Court Order Committing for Contempt
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Parallel Civil and Criminal Proceedings, Sentencing Principles, Boundary Disputes, Injunctions, Harassment
Civil Procedure Contempt of Court Property Law Committal for Contempt Parallel Civil and Criminal Proceedings Sentencing Principles Boundary Disputes Injunctions +1 more

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Parties

Janice Elizabeth Turner

Claimant/respondent

Brian David Aberneithy Greenwood

Claimant/respondent

Mark Gary Coates

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Order Committing for Contempt

Legal Issues

  1. 1 Whether civil contempt proceedings should have been stayed pending criminal trial on overlapping facts
  2. 2 Whether sentences for multiple breaches of injunction should run concurrently or consecutively

Ratio Decidendi

There is no general requirement to stay civil contempt proceedings pending criminal proceedings on the same facts; the judge was entitled to proceed and to impose consecutive sentences for distinct breaches, applying the totality principle.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed on both grounds.
  • The order committing Mr Coates to prison for 448 days stands.