Abigail Lee Hammond v David Frederick Downing

Abigail Lee Hammond v David Frederick Downing

The court found, beyond reasonable doubt, that Mr Downing harassed and intimidated Ms Hammond on 24 January 2022 by deliberately following her in his van, but found no breach of the non-molestation order in relation to the other alleged incidents or in respect of the children or property damage.

Parties
Applicant: Abigail Lee Hammond; Respondent: David Frederick Downing
Jurisdiction
England and Wales
Judgment Date
05 October 2022
Procedural Posture
Family Law Contempt of Court Application / Judgment on Liability
Outcome
Mr Downing found in breach of the non-molestation order on 24 January 2022; no breach found for other incidents; questions of costs and sentence adjourned.
Legal Topics
Non Molestation Orders, Harassment, Intimidation, Breach of Court Orders
Family Law Contempt of Court Non Molestation Orders Harassment Intimidation Breach of Court Orders

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Parties

Abigail Lee Hammond

Applicant

David Frederick Downing

Respondent

Procedural Posture

Family Law Contempt of Court Application / Judgment on Liability

Legal Issues

  1. 1 Whether Mr Downing breached the non-molestation order by harassing or intimidating Ms Hammond
  2. 2 Whether Mr Downing attempted or threatened to damage Ms Hammond's property
  3. 3 Whether Mr Downing used or threatened violence against the relevant children

Ratio Decidendi

The court found, beyond reasonable doubt, that Mr Downing harassed and intimidated Ms Hammond on 24 January 2022 by deliberately following her in his van, but found no breach of the non-molestation order in relation to the other alleged incidents or in respect of the children or property damage.

Court Disposition

Mr Downing found in breach of the non-molestation order on 24 January 2022; no breach found for other incidents; questions of costs and sentence adjourned.

Orders

  • Right of appeal within three weeks without permission.
  • Costs and sentence adjourned to 27 October 2022 at 10 am.