Ford v Ford

Ford v Ford

The finding of contempt was justified based on the trial judge's assessment of the evidence, which was not open to challenge on appeal. However, the total sentence of eight months' imprisonment was manifestly excessive in the circumstances and should be reduced to six months, activating the suspended sentence with no separate penalty for the further offence.

Parties
Claimant/respondent: Suzanne Louise Ford; Defendant/appellant: Paul Martin Ford
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Civil Appeal / Appeal From Bournemouth County Court Judgment on Contempt of Court and Sentence
Outcome
Appeal against finding of contempt dismissed; appeal against sentence allowed in part; sentence reduced to six months' imprisonment; suspended sentence activated; no separate penalty for further offence; no order as to costs.
Legal Topics
Contempt of Court, Injunctions, Sentencing, Harassment

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Parties

Suzanne Louise Ford

Claimant/respondent

Paul Martin Ford

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Bournemouth County Court Judgment on Contempt of Court and Sentence

  1. 1 Whether the finding of contempt of court was justified on the evidence
  2. 2 Whether the sentence of eight months' imprisonment was manifestly excessive

Ratio Decidendi

The finding of contempt was justified based on the trial judge's assessment of the evidence, which was not open to challenge on appeal. However, the total sentence of eight months' imprisonment was manifestly excessive in the circumstances and should be reduced to six months, activating the suspended sentence with no separate penalty for the further offence.

Court Disposition

Appeal against finding of contempt dismissed; appeal against sentence allowed in part; sentence reduced to six months' imprisonment; suspended sentence activated; no separate penalty for further offence; no order as to costs.

Orders

  • Appeal against finding of contempt refused
  • Sentence reduced to six months' imprisonment