Accident Exchange Ltd, R (On the Application Of) v Broom & Ors [2017] EWHC 1530 (Admin) (16 June 2017)

Accident Exchange Ltd, R (On the Application Of) v Broom & Ors [2017] EWHC 1530 (Admin) (16 June 2017)

Given the systematic, prolonged, and serious nature of the contempt involving fabrication of evidence and perjury, immediate custodial sentences are required for all defendants. The passage of time since the acts of contempt justifies a one-third reduction in sentence, but does not warrant suspension. Personal mitigation and delay do not outweigh the seriousness of the offences.

Citation
[2017] EWHC 1530 (Admin)
Parties
Claimant: Accident Exchange Limited; First Defendant: Nathan John George Broom; Second Defendant: Elaine Carlton Walker; Third Defendant: Andrew Watts; Fourth Defendant: David James; Fifth Defendant: Laurence Gray; Sixth Defendant: Keel Broom; Seventh Defendant: Duncan Carl Sadler
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Committal for Contempt of Court (sentencing) / Sentencing After Liability Judgment
Outcome
Immediate custodial sentences imposed on all defendants, reduced by one-third for passage of time; no suspension of sentences.
Legal Topics
Contempt of Court, Perjury, Fraudulent Evidence, Sentencing, Mitigation, Delay in Proceedings
Civil Procedure Criminal Contempt Contempt of Court Perjury Fraudulent Evidence Sentencing Mitigation Delay in Proceedings

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Parties

Accident Exchange Limited

Claimant

Nathan John George Broom

First Defendant

Elaine Carlton Walker

Second Defendant

Andrew Watts

Third Defendant

David James

Fourth Defendant

Laurence Gray

Fifth Defendant

Keel Broom

Sixth Defendant

Duncan Carl Sadler

Seventh Defendant

Procedural Posture

Committal for Contempt of Court (sentencing) / Sentencing After Liability Judgment

Legal Issues

  1. 1 What is the appropriate sentence for each defendant found in contempt of court for fabricating evidence and perjury?
  2. 2 Should the sentences be suspended due to the passage of time and personal mitigation?

Ratio Decidendi

Given the systematic, prolonged, and serious nature of the contempt involving fabrication of evidence and perjury, immediate custodial sentences are required for all defendants. The passage of time since the acts of contempt justifies a one-third reduction in sentence, but does not warrant suspension. Personal mitigation and delay do not outweigh the seriousness of the offences.

Court Disposition

Immediate custodial sentences imposed on all defendants, reduced by one-third for passage of time; no suspension of sentences.

Orders

  • Nathan Broom: 10 months' imprisonment
  • Elaine Walker: 13 months and 1 week imprisonment