Legge v Legge [2006] EWCA Civ 1484 (19 October 2006)

Legge v Legge [2006] EWCA Civ 1484 (19 October 2006)

A nine-month custodial term for contempt was manifestly excessive given the facts and history; a five-month suspended sentence was sufficient to act as a deterrent and proportionate to the breach.

Citation
[2006] EWCA Civ 1484
Parties
Claimant/appellant: Legge; Defendant/respondent: Legge
Jurisdiction
England and Wales
Judgment Date
19 October 2006
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Contempt of Court
Outcome
Appeal allowed
Legal Topics
Non Molestation Orders, Contempt of Court, Sentencing, Suspended Sentences
Family Law Civil Procedure Non Molestation Orders Contempt of Court Sentencing Suspended Sentences

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Legge

Claimant/appellant

Legge

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Contempt of Court

Legal Issues

  1. 1 Whether the nine-month custodial sentence for contempt was manifestly excessive
  2. 2 Whether the judge erred by considering suspension and sentence length together

Ratio Decidendi

A nine-month custodial term for contempt was manifestly excessive given the facts and history; a five-month suspended sentence was sufficient to act as a deterrent and proportionate to the breach.

Court Disposition

Appeal allowed

Orders

  • Custodial term reduced from nine months to five months imprisonment, suspended on the same basis as the original order