Morgan v Morgan [2002] EWCA Civ 1057 (5 July 2002)

Morgan v Morgan [2002] EWCA Civ 1057 (5 July 2002)

The appeal was dismissed because the judge was entitled to impose an immediate custodial sentence for deliberate and serious breaches of a court order, especially where the appellant denied wrongdoing and showed no acknowledgment or remorse. The judge's failure to invite further submissions on penalty did not amount to a procedural irregularity justifying interference, as all relevant arguments had been made before judgment.

Citation
[2002] EWCA Civ 1057
Parties
Petitioner/respondent: Colleen Ann Morgan; Respondent/appellant: David Glyn Morgan
Jurisdiction
England and Wales
Judgment Date
05 July 2002
Procedural Posture
Appeal (civil) / Appeal Against Committal for Contempt of Court
Outcome
Appeal dismissed
Legal Topics
Contempt of Court, Injunctions, Sentencing, Breach of Court Orders
Family Law Civil Procedure Contempt of Court Injunctions Sentencing Breach of Court Orders

Case Brief

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Parties

Colleen Ann Morgan

Petitioner/respondent

David Glyn Morgan

Respondent/appellant

Procedural Posture

Appeal (civil) / Appeal Against Committal for Contempt of Court

Legal Issues

  1. 1 Whether the sentence of immediate imprisonment for contempt of court was appropriate
  2. 2 Whether the appellant was denied an opportunity to address the court on penalty
  3. 3 Whether the judge failed to consider mitigation and parallel criminal proceedings

Ratio Decidendi

The appeal was dismissed because the judge was entitled to impose an immediate custodial sentence for deliberate and serious breaches of a court order, especially where the appellant denied wrongdoing and showed no acknowledgment or remorse. The judge's failure to invite further submissions on penalty did not amount to a procedural irregularity justifying interference, as all relevant arguments had been made before judgment.

Court Disposition

Appeal dismissed

Orders

  • Immediate sentence of two months' imprisonment for contempt of court upheld