Ford v Ford [2003] EWCA Civ 1934 (19 December 2003)

Ford v Ford [2003] EWCA Civ 1934 (19 December 2003)

The finding of contempt was upheld as the judge was entitled to prefer Mrs Ford's evidence, and the standard of proof was met. However, the total sentence of eight months 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.

Citation
[2003] EWCA Civ 1934
Parties
Claimant/respondent: Suzanne Louise Ford; Defendant/appellant: Paul Martin Ford
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Appeal (civil) / 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.
Legal Topics
Contempt of Court, Injunction Breach, Sentencing, Domestic Harassment
Family Law Civil Contempt Contempt of Court Injunction Breach Sentencing Domestic Harassment

Case Brief

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Parties

Suzanne Louise Ford

Claimant/respondent

Paul Martin Ford

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From Bournemouth County Court Judgment on Contempt of Court and Sentence

Legal Issues

  1. 1 Whether contempt of court was proved to the requisite standard
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The finding of contempt was upheld as the judge was entitled to prefer Mrs Ford's evidence, and the standard of proof was met. However, the total sentence of eight months 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.

Orders

  • Sentence reduced from eight months to six months' imprisonment.
  • Suspended sentence activated.