De Grey & Anor v Ford & Anor

De Grey & Anor v Ford & Anor

The Fords were in continuing and deliberate breach of a valid court order for possession, having exhausted all appeals and remedies. The committal order, suspended to allow compliance, was justified as a last resort after all other enforcement options failed. There was no breach of the European Convention on Human Rights or procedural unfairness, and no new evidence justified reopening the case.

Parties
Claimant/respondent: Spencer De Grey; Claimant/respondent: Amanda De Grey; Defendant/appellant: Daniel Ford; Defendant/appellant: Luibov Ford
Jurisdiction
England and Wales
Judgment Date
30 September 2005
Procedural Posture
Civil Appeal / Appeal Against Committal for Contempt Arising From Possession Proceedings
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Possession Orders, Adverse Possession, Enforcement of Court Orders, Suspension of Committal, Human Rights (echr)
Civil Procedure Land Law Contempt of Court Committal for Contempt Possession Orders Adverse Possession Enforcement of Court Orders Suspension of Committal +1 more

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Parties

Spencer De Grey

Claimant/respondent

Amanda De Grey

Claimant/respondent

Daniel Ford

Defendant/appellant

Luibov Ford

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Against Committal for Contempt Arising From Possession Proceedings

Legal Issues

  1. 1 Whether the committal order for contempt was justified and lawful
  2. 2 Whether the appellants' rights under the European Convention on Human Rights were breached
  3. 3 Whether new evidence justified reopening the possession proceedings

Ratio Decidendi

The Fords were in continuing and deliberate breach of a valid court order for possession, having exhausted all appeals and remedies. The committal order, suspended to allow compliance, was justified as a last resort after all other enforcement options failed. There was no breach of the European Convention on Human Rights or procedural unfairness, and no new evidence justified reopening the case.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to respondents in the sum of £5,164.13