His Majesty's Attorney General v Dowie [2022] EWCA Civ 1574 (30 November 2022)

The appeal against findings of contempt and custodial penalty is dismissed as all grounds lack merit; the costs order is varied due to failure to consider appellant's means, substituting a lower sum not to be enforced without leave.

Citation: [2022] EWCA Civ 1574
Parties: Claimant/respondent: His Majesty's Attorney General; Defendant/appellant: Elavi Dowie
Jurisdiction: England and Wales
Judgment Date: 30 November 2022
Procedural Posture: Appeal (family Division, Committal for Contempt) / Court of Appeal Judgment
Outcome: Appeal dismissed in respect of contempt and custodial penalty; allowed in respect of costs order.
Legal Topics: Committal Proceedings, Costs Orders, Consecutive Sentencing, Publication of Private Proceedings, Use of CVP, Judicial Bias, Presumption of Innocence

Family Law Contempt of Court Civil Procedure Committal Proceedings Costs Orders Consecutive Sentencing Publication of Private Proceedings Use of CVP +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3

Parties

His Majesty's Attorney General

Claimant/respondent

Elavi Dowie

Defendant/appellant

Procedural Posture

Appeal (family Division, Committal for Contempt) / Court of Appeal Judgment

Legal Issues

1 Whether the committal hearing was properly held in public
2 Whether the appellant was wrongly denied opportunity to object to CVP
3 Whether the appellant was wrongly denied cross-examination of witness

Ratio Decidendi

Court Disposition

Appeal dismissed in respect of contempt and custodial penalty; allowed in respect of costs order.

Orders

Mr Dowie to pay Attorney General's costs, summarily assessed at £2,500, not to be enforced without leave of a judge of the Family Division.
No order as to costs of the appeal.