Farrer & Co LLP v Meyer [2022] EWCA Civ 706 (26 May 2022)

Farrer & Co LLP v Meyer [2022] EWCA Civ 706 (26 May 2022)

The Court of Appeal held that the procedural requirements under CPR Part 71 and PD 71 were substantially complied with, any technical deficiencies caused no prejudice, and the appellant had notice of all relevant orders and hearings. The finding of contempt and suspended committal order were valid and appropriate given the deliberate and continuing breach by Ms Meyer.

Citation
[2022] EWCA Civ 706
Parties
Respondent/claimant: Farrer & Co LLP; Appellant/defendant: Julie Marie Meyer
Jurisdiction
England and Wales
Judgment Date
26 May 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Default Judgment, Service of Process, CPR Part 71, Personal Service, Penal Notice, Suspended Committal, Relief From Sanctions
Civil Procedure Contempt of Court Enforcement of Judgments Default Judgment Service of Process CPR Part 71 Personal Service Penal Notice +2 more

Case Brief

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Parties

Farrer & Co LLP

Respondent/claimant

Julie Marie Meyer

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge had jurisdiction to find the appellant in contempt of court and make a suspended committal order under CPR Part 71 and PD 71
  2. 2 Whether procedural requirements under CPR Part 71 and PD 71 were complied with
  3. 3 Whether the sentence imposed for contempt was excessive

Ratio Decidendi

The Court of Appeal held that the procedural requirements under CPR Part 71 and PD 71 were substantially complied with, any technical deficiencies caused no prejudice, and the appellant had notice of all relevant orders and hearings. The finding of contempt and suspended committal order were valid and appropriate given the deliberate and continuing breach by Ms Meyer.

Court Disposition

appeal dismissed

Orders

  • Suspended committal order for six months' imprisonment upheld
  • Appellant ordered to comply with disclosure order and attend hearing