Accident Exchange Ltd, R (On the Application Of) v Broom & Ors

Accident Exchange Ltd, R (On the Application Of) v Broom & Ors

The defendants knowingly participated in systematic fabrication of evidence and perjury, interfering with the administration of justice over a prolonged period. The seriousness of the contempt outweighs mitigation, but the passage of time since the acts and proceedings justifies a one-third reduction in custodial sentences.

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
Contempt of Court (committal Proceedings) / Sentencing Judgment
Outcome
Immediate custodial sentences imposed with one-third reduction for passage of time.
Legal Topics
Contempt of Court, Perjury, Fraudulent Evidence, Sentencing, Mitigation, Delay in Proceedings
Civil Procedure Criminal Law Contempt of Court Perjury Fraudulent Evidence Sentencing Mitigation Delay in Proceedings

Case Brief

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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

Contempt of Court (committal Proceedings) / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendants committed contempt of court by fabricating evidence and giving false testimony
  2. 2 Appropriate sentence for contempt given the seriousness and delay
  3. 3 Whether mitigating factors justify suspension or reduction of custodial sentences

Ratio Decidendi

The defendants knowingly participated in systematic fabrication of evidence and perjury, interfering with the administration of justice over a prolonged period. The seriousness of the contempt outweighs mitigation, but the passage of time since the acts and proceedings justifies a one-third reduction in custodial sentences.

Court Disposition

Immediate custodial sentences imposed with one-third reduction for passage of time.

Orders

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