Messer v Messer

Messer v Messer

There was no valid ground to challenge the committal order; the judge had jurisdiction and there was no evidence of bias. The appeal must be dismissed but the suspension of the committal order is extended for six weeks to allow Mrs Messer to vacate the property.

Parties
Applicant/defendant: Thanom Messer; Respondent/appellant: David Messer
Jurisdiction
England and Wales
Judgment Date
19 January 2005
Procedural Posture
Civil Appeal / Appeal From Committal Order
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Possession Proceedings, Jurisdiction, Judicial Bias
Civil Procedure Property Law Committal for Contempt Possession Proceedings Jurisdiction Judicial Bias

Case Brief

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Parties

Thanom Messer

Applicant/defendant

David Messer

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From Committal Order

Legal Issues

  1. 1 Whether the committal order for contempt was valid
  2. 2 Whether the judge had jurisdiction to make the committal order
  3. 3 Whether there was judicial bias

Ratio Decidendi

There was no valid ground to challenge the committal order; the judge had jurisdiction and there was no evidence of bias. The appeal must be dismissed but the suspension of the committal order is extended for six weeks to allow Mrs Messer to vacate the property.

Court Disposition

Appeal dismissed

Orders

  • Suspension of committal order extended for six weeks from today's date
  • Order for costs assessed at £1,900