Ketley v Brent & Anor
The appeal against the committal order fails because Mr Brent was in undisputed contempt of court, the judge exercised his discretion properly in refusing adjournment, and Mr Brent's human rights arguments did not provide a basis to set aside the order. The only lawful route to challenge the underlying orders was by appeal, for which Mr Brent had been refused permission.
- Parties
- Respondent: Forresters Ketley; Appellant: Brent; Appellant: Another
- Jurisdiction
- England and Wales
- Judgment Date
- 21 February 2012
- Procedural Posture
- Civil Appeal / Appeal From High Court Committal Order
- Outcome
- Appeal dismissed
- Legal Topics
- Committal for Contempt, Civil Restraint Orders, Right to Fair Trial, Judicial Immunity
Case Brief
Summary, issues, holding and outcome
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Parties
Forresters Ketley
Respondent
Brent
Appellant
Another
Appellant
Procedural Posture
Civil Appeal / Appeal From High Court Committal Order
Legal Issues
- 1 Whether the committal order against Mr Brent was lawful and should be set aside
- 2 Whether Mr Brent's human rights were infringed in the committal proceedings
- 3 Whether the judge erred in refusing adjournment on medical grounds
Ratio Decidendi
The appeal against the committal order fails because Mr Brent was in undisputed contempt of court, the judge exercised his discretion properly in refusing adjournment, and Mr Brent's human rights arguments did not provide a basis to set aside the order. The only lawful route to challenge the underlying orders was by appeal, for which Mr Brent had been refused permission.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- No further oral hearings of Mr Brent's applications will be listed
Full Case Text
Judgment text and source record
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