Runnymede Borough Council, R (on the application of) v Fulke-Grenville [2007] EWHC 1647 (Admin) (02 July 2007)

Runnymede Borough Council, R (on the application of) v Fulke-Grenville [2007] EWHC 1647 (Admin) (02 July 2007)

The hearing was adjourned for seven days rather than granting immediate committal, due to the importance of personal liberty and the defendant's absence, but with a warning that further non-attendance would not prevent committal. Permission for substituted service at the defendant's property was granted due to persistent difficulties in effecting personal service.

Citation
[2007] EWHC 1647 (Admin)
Parties
Claimant: Runnymede Borough Council; First Defendant: Christopher Fulke-Grenville
Jurisdiction
England and Wales
Judgment Date
02 July 2007
Procedural Posture
Application for Committal and Amendment of Order / Interlocutory Hearing; Adjournment Decision
Outcome
adjourned for seven days; substituted service granted
Legal Topics
Committal for Contempt, Injunction Enforcement, Adjournment of Proceedings, Substituted Service
Civil Procedure Contempt of Court Local Government Law Committal for Contempt Injunction Enforcement Adjournment of Proceedings Substituted Service

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Parties

Runnymede Borough Council

Claimant

Christopher Fulke-Grenville

First Defendant

Procedural Posture

Application for Committal and Amendment of Order / Interlocutory Hearing; Adjournment Decision

Legal Issues

  1. 1 Whether the first defendant breached the court's order of 10 October 1996
  2. 2 Whether to grant immediate committal for contempt
  3. 3 Whether to adjourn the hearing in light of the defendant's absence and requests

Ratio Decidendi

The hearing was adjourned for seven days rather than granting immediate committal, due to the importance of personal liberty and the defendant's absence, but with a warning that further non-attendance would not prevent committal. Permission for substituted service at the defendant's property was granted due to persistent difficulties in effecting personal service.

Court Disposition

adjourned for seven days; substituted service granted

Orders

  • Hearing adjourned for seven days
  • Permission granted for substituted service at 35 Liberty Rise, Addlestone, Surrey