Bristol & West Investments Plc v Tompkins [2006] EWCA Civ 977 (26 June 2006)

Bristol & West Investments Plc v Tompkins [2006] EWCA Civ 977 (26 June 2006)

The appeal was dismissed because Mr Tompkins had flagrantly and persistently refused to comply with the court's order to remove livestock from the land, and there was no practical likelihood of compliance without enforcement of the committal order.

Citation
[2006] EWCA Civ 977
Parties
Respondent/claimant: Bristol & West Investments PLC; Appellant/first Defendant: Bryan Henry Tompkins
Jurisdiction
England and Wales
Judgment Date
26 June 2006
Procedural Posture
Civil Appeal / Appeal From Committal Order for Contempt
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Enforcement of Possession Orders, Mortgage Possession Proceedings, Non Compliance With Court Orders
Civil Procedure Property Law Contempt of Court Committal for Contempt Enforcement of Possession Orders Mortgage Possession Proceedings Non Compliance With Court Orders

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Parties

Bristol & West Investments PLC

Respondent/claimant

Bryan Henry Tompkins

Appellant/first Defendant

Procedural Posture

Civil Appeal / Appeal From Committal Order for Contempt

Legal Issues

  1. 1 Whether the committal order for contempt was properly made against Mr Tompkins for failing to comply with a court order to remove livestock from mortgaged land
  2. 2 Whether there were grounds to set aside or stay the committal order

Ratio Decidendi

The appeal was dismissed because Mr Tompkins had flagrantly and persistently refused to comply with the court's order to remove livestock from the land, and there was no practical likelihood of compliance without enforcement of the committal order.

Court Disposition

Appeal dismissed

Orders

  • Order of committal for contempt upheld
  • Mr Tompkins to report to Oxford County Court for execution of committal order