Royal Borough of Kingston-Upon-Thames v Slater [2021] EWCA Civ 1479 (29 July 2021)

Royal Borough of Kingston-Upon-Thames v Slater [2021] EWCA Civ 1479 (29 July 2021)

The appeal was dismissed because the appropriate route for Mr Slater to seek suspension or variation of the committal order is by application to the original judge under CPR r 81.10, not by appeal. The sentence imposed was justified and within the reasonable band of sentencing decisions.

Citation
[2021] EWCA Civ 1479
Parties
Claimant/respondent: The Royal Borough of Kingston-upon-Thames; Defendant/appellant: James Slater
Jurisdiction
England and Wales
Judgment Date
29 July 2021
Procedural Posture
Appeal (civil) / Appeal Against Committal Order and Sentence
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Breach of Court Order, Consumer Rights, Suspension or Variation of Sentence, Service of Court Documents

Case Brief

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Parties

The Royal Borough of Kingston-upon-Thames

Claimant/respondent

James Slater

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal Against Committal Order and Sentence

  1. 1 Whether the committal order and sentence should be suspended, varied, or deferred on medical or procedural grounds
  2. 2 Whether the proceedings and service of documents were properly conducted

Ratio Decidendi

The appeal was dismissed because the appropriate route for Mr Slater to seek suspension or variation of the committal order is by application to the original judge under CPR r 81.10, not by appeal. The sentence imposed was justified and within the reasonable band of sentencing decisions.

Court Disposition

Appeal dismissed

Orders

  • No order for costs
  • Transcript to be supplied to both parties at public expense