Janice Elizabeth Turner & Anor v Mark Gary Coates

Janice Elizabeth Turner & Anor v Mark Gary Coates

There is no general rule requiring a stay of civil contempt proceedings pending criminal proceedings on the same facts; the objectives and processes differ. The sentencing judge was entitled to impose consecutive sentences for distinct breaches, having properly applied the totality principle and relevant guidance. The appeal fails on both grounds.

Parties
Claimant/respondent: Janice Elizabeth Turner; Claimant/respondent: Brian David Aberneithy Greenwood; Defendant/appellant: Mark Gary Coates
Jurisdiction
England and Wales
Judgment Date
25 June 2025
Procedural Posture
Civil Appeal / Appeal From Committal Order for Contempt of Court
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Parallel Civil and Criminal Proceedings, Sentencing Principles, Boundary Disputes, Injunctions
Civil Procedure Contempt of Court Property Law Committal for Contempt Parallel Civil and Criminal Proceedings Sentencing Principles Boundary Disputes Injunctions

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Parties

Janice Elizabeth Turner

Claimant/respondent

Brian David Aberneithy Greenwood

Claimant/respondent

Mark Gary Coates

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Committal Order for Contempt of Court

Legal Issues

  1. 1 Whether civil contempt proceedings should have been stayed pending parallel criminal proceedings
  2. 2 Whether sentences for multiple breaches should run concurrently or consecutively

Ratio Decidendi

There is no general rule requiring a stay of civil contempt proceedings pending criminal proceedings on the same facts; the objectives and processes differ. The sentencing judge was entitled to impose consecutive sentences for distinct breaches, having properly applied the totality principle and relevant guidance. The appeal fails on both grounds.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on both grounds
  • No variation to the committal order or sentence