Phillimore v Surrey County Council

Phillimore v Surrey County Council

The refusal to adjourn was a proper exercise of discretion given the inadequate medical evidence and the appellant's conduct. The breaches of the injunction were proved to the criminal standard. The sentence of nine months' imprisonment, without suspension, was justified and within the range of reasonable responses to the appellant's persistent and dishonest conduct.

Parties
Appellant/defendant: Mark Phillimore; Respondent/claimant: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
19 January 2010
Procedural Posture
Civil Appeal (committal Proceedings) / Appeal From County Court Judgment and Committal Order
Outcome
Appeals dismissed
Legal Topics
Committal for Breach of Injunction, Adjournment Applications, Sentence for Contempt, Consumer Goods Misrepresentation, Business Names Compliance
Civil Procedure Consumer Protection Criminal Contempt Committal for Breach of Injunction Adjournment Applications Sentence for Contempt Consumer Goods Misrepresentation Business Names Compliance

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Parties

Mark Phillimore

Appellant/defendant

Surrey County Council

Respondent/claimant

Procedural Posture

Civil Appeal (committal Proceedings) / Appeal From County Court Judgment and Committal Order

Legal Issues

  1. 1 Whether the refusal to adjourn committal proceedings was proper
  2. 2 Whether the findings of breach of injunction were justified
  3. 3 Whether the sentence of nine months' imprisonment was appropriate or excessive

Ratio Decidendi

The refusal to adjourn was a proper exercise of discretion given the inadequate medical evidence and the appellant's conduct. The breaches of the injunction were proved to the criminal standard. The sentence of nine months' imprisonment, without suspension, was justified and within the range of reasonable responses to the appellant's persistent and dishonest conduct.

Court Disposition

Appeals dismissed

Orders

  • Both appeals (against refusal to adjourn and against sentence) are dismissed
  • Committal order for nine months' imprisonment stands