Messer v Messer [2005] EWCA Civ 63 (19 January 2005)

Messer v Messer [2005] EWCA Civ 63 (19 January 2005)

There was no valid ground to challenge the committal order as the judge had jurisdiction, no bias was established, and Mrs Messer's arguments related to the original possession order were not relevant to the committal appeal.

Citation
[2005] EWCA Civ 63
Parties
Applicant/defendant: Thanom Messer; Respondent/appellant: David Messer
Jurisdiction
England and Wales
Judgment Date
19 January 2005
Procedural Posture
Appeal (civil) / Judgment on Appeal Against Committal Order
Outcome
Appeal dismissed; suspension of committal order extended for six weeks; costs awarded against Mrs Messer.
Legal Topics
Committal for Contempt, Possession Proceedings, Jurisdiction of Judge, Allegation of Bias
Civil Procedure Property Law Contempt of Court Committal for Contempt Possession Proceedings Jurisdiction of Judge Allegation of Bias

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 1
Sign in to unlock

Parties

Thanom Messer

Applicant/defendant

David Messer

Respondent/appellant

Procedural Posture

Appeal (civil) / Judgment on Appeal Against Committal Order

Legal Issues

  1. 1 Whether the committal order against Mrs Messer was valid
  2. 2 Whether HHJ Sennitt had jurisdiction to make the committal order
  3. 3 Whether there was judicial bias by HHJ Sennitt

Ratio Decidendi

There was no valid ground to challenge the committal order as the judge had jurisdiction, no bias was established, and Mrs Messer's arguments related to the original possession order were not relevant to the committal appeal.

Court Disposition

Appeal dismissed; suspension of committal order extended for six weeks; costs awarded against Mrs Messer.

Orders

  • Application dismissed
  • Suspension of committal order extended for six weeks from judgment date