Greetham v Greetham [2022] EWCA Civ 49 (28 January 2022)

Greetham v Greetham [2022] EWCA Civ 49 (28 January 2022)

The Court of Appeal held that the County Court judge was correct to commit Andrew Greetham to prison for contempt due to his persistent and admitted breaches of the Unless Order, and that the recusal and permission to bid applications were totally without merit. There was no evidence of judicial bias or procedural unfairness. The further evidence sought to be adduced was either already before the court or irrelevant. The appeals and applications were dismissed.

Citation
[2022] EWCA Civ 49
Parties
Claimant/respondent: Thomas Edward Saul Greetham; Defendant/appellant: Andrew Charles Greetham; Interested Party/respondent: Shirley Mary Greetham
Jurisdiction
England and Wales
Judgment Date
28 January 2022
Procedural Posture
Civil Appeal (contempt, Ancillary Applications) / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal dismissed; applications for permission to appeal refused
Legal Topics
Committal for Contempt, Recusal of Judge, Ancillary Relief, Winding Up Partnership, Enforcement of Court Orders, Appeals Procedure
Civil Procedure Contempt of Court Family Law Partnership Law Committal for Contempt Recusal of Judge Ancillary Relief Winding Up Partnership +2 more

Case Brief

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Parties

Thomas Edward Saul Greetham

Claimant/respondent

Andrew Charles Greetham

Defendant/appellant

Shirley Mary Greetham

Interested Party/respondent

Procedural Posture

Civil Appeal (contempt, Ancillary Applications) / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the County Court judge erred in committing Andrew Greetham to prison for contempt of court
  2. 2 Whether the judge erred in dismissing the recusal and 'permission to bid' applications as totally without merit
  3. 3 Whether further evidence should be admitted on appeal

Ratio Decidendi

The Court of Appeal held that the County Court judge was correct to commit Andrew Greetham to prison for contempt due to his persistent and admitted breaches of the Unless Order, and that the recusal and permission to bid applications were totally without merit. There was no evidence of judicial bias or procedural unfairness. The further evidence sought to be adduced was either already before the court or irrelevant. The appeals and applications were dismissed.

Court Disposition

Appeal dismissed; applications for permission to appeal refused

Orders

  • Appeal against committal order dismissed
  • Applications for permission to appeal ancillary orders refused