Benson v Richards [2002] EWCA Civ 1402 (11 October 2002)

Benson v Richards [2002] EWCA Civ 1402 (11 October 2002)

The appeal is dismissed because the defendant was at all times fully aware of the terms and consequences of the orders requiring removal of the fence, and the court properly exercised its discretion to dispense with procedural defects in service. The orders created a continuing obligation, and the sentence of imprisonment was appropriate given persistent and deliberate contempt.

Citation
[2002] EWCA Civ 1402
Parties
Claimant/respondent: Anthony Francis Riou Benson; Defendant/appellant: Samantha Jane Richards
Jurisdiction
England and Wales
Judgment Date
11 October 2002
Procedural Posture
Civil Appeal / Appeal From County Court Committal Order
Outcome
Appeal dismissed
Legal Topics
Enforcement of Injunctions, Boundary Disputes, Committal for Contempt, Service of Court Orders, Mandatory Orders
Civil Procedure Property Law Contempt of Court Enforcement of Injunctions Boundary Disputes Committal for Contempt Service of Court Orders Mandatory Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anthony Francis Riou Benson

Claimant/respondent

Samantha Jane Richards

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Committal Order

Legal Issues

  1. 1 Whether the committal for contempt was valid given alleged procedural defects in service of orders
  2. 2 Whether the mandatory order to remove the fence created a continuing obligation
  3. 3 Whether the sentence of imprisonment was appropriate for the breach

Ratio Decidendi

The appeal is dismissed because the defendant was at all times fully aware of the terms and consequences of the orders requiring removal of the fence, and the court properly exercised its discretion to dispense with procedural defects in service. The orders created a continuing obligation, and the sentence of imprisonment was appropriate given persistent and deliberate contempt.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • New committal application remitted to the High Court in Birmingham for hearing on 21 October