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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the committal order and sentence should be suspended, varied, or deferred on medical or procedural grounds
- 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
Full Case Text
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