Christopher Lovett v Wigan Borough Council

Christopher Lovett v Wigan Borough Council

The Court of Appeal held that sentencing for breach of ASBIs must follow the objectives and structure appropriate to civil contempt, not criminal sentencing guidelines. The CJC Report's grid provides suitable guidance. Sentences imposed in the Hopkins and Smith cases were excessive or based on incorrect starting points and were reduced. Collateral attacks on underlying injunctions are an abuse of process and not permissible on appeal from committal orders. Procedural irregularities such as lack of transcript or legal aid did not, on the facts, justify setting aside the orders. The appeal in Lovett was dismissed as no error of law or procedure was found.

Parties
Appellant: Christopher Lovett; Respondent: Wigan Borough Council; Appellant: Isaac Smith; Respondent: Network Homes Limited; Appellant: Gemma Hopkins; Respondent: Optivo
Jurisdiction
England and Wales
Judgment Date
16 December 2022
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeals of Hopkins and Smith allowed in part; sentences reduced. Lovett's appeal dismissed. Application to set aside previous orders refused.
Legal Topics
Anti Social Behaviour Injunctions, Contempt of Court, Sentencing for Breach of Injunction, Appeals Procedure, Legal Aid in Committal Proceedings
Civil Procedure Housing Law Human Rights Anti Social Behaviour Injunctions Contempt of Court Sentencing for Breach of Injunction Appeals Procedure Legal Aid in Committal Proceedings

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 5 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Christopher Lovett

Appellant

Wigan Borough Council

Respondent

Isaac Smith

Appellant

Network Homes Limited

Respondent

Gemma Hopkins

Appellant

Optivo

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Appropriate sentencing for breach of Anti-Social Behaviour Injunctions (ASBIs) under the Anti-Social Behaviour, Crime and Policing Act 2014
  2. 2 Application of sentencing guidelines in civil contempt
  3. 3 Procedural fairness in committal proceedings

Ratio Decidendi

The Court of Appeal held that sentencing for breach of ASBIs must follow the objectives and structure appropriate to civil contempt, not criminal sentencing guidelines. The CJC Report's grid provides suitable guidance. Sentences imposed in the Hopkins and Smith cases were excessive or based on incorrect starting points and were reduced. Collateral attacks on underlying injunctions are an abuse of process and not permissible on appeal from committal orders. Procedural irregularities such as lack of transcript or legal aid did not, on the facts, justify setting aside the orders. The appeal in Lovett was dismissed as no error of law or procedure was found.

Court Disposition

Appeals of Hopkins and Smith allowed in part; sentences reduced. Lovett's appeal dismissed. Application to set aside previous orders refused.

Orders

  • In Optivo v Hopkins, the sentence of 28 days suspended is set aside and replaced with no order.
  • In Network Homes v Smith, the custodial period is reduced to 1 month suspended for 12 months.