Galloway v Ali-Khan [2018] EWHC 4095 (QB) (19 April 2018)

Galloway v Ali-Khan [2018] EWHC 4095 (QB) (19 April 2018)

A custodial sentence is inevitable due to the deliberate, flagrant, and persistent breaches of court undertakings, aggravated by the defendant's previous record and commission of contempts during the operational period of a suspended sentence. Mitigation is given for late admission and personal circumstances, but...

Source-derived case information.

Citation
[2018] EWHC 4095
Parties
Claimant: George Galloway; Defendant: Aisha Ali-Khan
Jurisdiction
England and Wales
Judgment Date
19 April 2018
Procedural Posture
Contempt of Court Proceedings / Sentencing After Admission of Contempt
Outcome
Defendant sentenced to immediate imprisonment for twelve weeks and ordered to pay applicant's costs.
Legal Topics
Contempt of Court, Breach of Undertakings, Sentencing for Contempt, Social Media Publication
Civil Procedure Media Law Contempt of Court Breach of Undertakings Sentencing for Contempt Social Media Publication

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Parties

George Galloway

Claimant

Aisha Ali-Khan

Defendant

Procedural Posture

Contempt of Court Proceedings / Sentencing After Admission of Contempt

Legal Issues

  1. 1 What is the appropriate sentence for multiple breaches of court undertakings constituting contempt of court?
  2. 2 Does the breach of a previously imposed suspended sentence for contempt aggravate the current contempt?
  3. 3 Should the suspended sentence be activated or treated as an aggravating factor?

Ratio Decidendi

A custodial sentence is inevitable due to the deliberate, flagrant, and persistent breaches of court undertakings, aggravated by the defendant's previous record and commission of contempts during the operational period of a suspended sentence. Mitigation is given for late admission and personal circumstances, but not sufficient to suspend the sentence. The costs order is also considered in the totality of punishment.

Court Disposition

Defendant sentenced to immediate imprisonment for twelve weeks and ordered to pay applicant's costs.

Orders

  • Immediate imprisonment for twelve weeks for contempt of court.
  • Order to pay applicant's costs of the application to be assessed on the standard basis.