James Oliver Tamplin v Elwynd Properties Ltd & Anor

James Oliver Tamplin v Elwynd Properties Ltd & Anor

The appellant was in contempt of court for deliberate and repeated breaches of undertakings relating to grazing rights and remedial works; section 38 of the Commons Act 2006 did not excuse non-compliance as the works did not constitute restricted works and no timely application for consent was made; the sentences imposed were appropriate and properly suspended to encourage compliance.

Parties
Applicant/respondent: James Oliver Tamplin; Respondent: Elwynd Properties Ltd; Respondent/appellant: David Terrence Jones
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Civil Appeal / Appeal From Committal Order
Outcome
Appeal dismissed
Legal Topics
Common Land Rights, Grazing Rights, Consent Orders, Undertakings, Committal for Contempt
Property Law Civil Procedure Contempt of Court Common Land Rights Grazing Rights Consent Orders Undertakings Committal for Contempt

Case Brief

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Parties

James Oliver Tamplin

Applicant/respondent

Elwynd Properties Ltd

Respondent

David Terrence Jones

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From Committal Order

Legal Issues

  1. 1 Whether the appellant was in contempt of court for breach of undertakings relating to grazing rights and remedial works
  2. 2 Whether section 38 of the Commons Act 2006 excused non-compliance with undertakings
  3. 3 Whether the sentence imposed was appropriate and properly suspended

Ratio Decidendi

The appellant was in contempt of court for deliberate and repeated breaches of undertakings relating to grazing rights and remedial works; section 38 of the Commons Act 2006 did not excuse non-compliance as the works did not constitute restricted works and no timely application for consent was made; the sentences imposed were appropriate and properly suspended to encourage compliance.

Court Disposition

Appeal dismissed

Orders

  • Findings of contempt upheld against David Terrence Jones for breach of undertakings relating to sheep driving, immediate works, and substantive works
  • Sentences of 14 days' imprisonment for each breach (total 42 days), suspended on compliance with the consent order and undertakings, confirmed