Oliver v Shaikh [2020] EWHC 2658 (QB) (08 October 2020)

Oliver v Shaikh [2020] EWHC 2658 (QB) (08 October 2020)

Given the Defendant's deliberate, persistent, and ongoing breaches of the court's order, with no remorse or engagement, only an immediate custodial sentence is sufficient to punish the contempt and uphold the authority of the court.

Citation
[2020] EWHC 2658 (QB)
Parties
Claimant: Simon Oliver; Defendant: Javed Shaikh
Jurisdiction
England and Wales
Judgment Date
08 October 2020
Procedural Posture
Committal for Contempt of Court / Penalty/sentencing After Liability Judgment
Outcome
Defendant committed to prison for 16 months for contempt of court; warrant for arrest issued.
Legal Topics
Contempt of Court, Breach of Injunction, Online Harassment, Sanctions for Contempt
Civil Procedure Media Law Contempt of Court Breach of Injunction Online Harassment Sanctions for Contempt

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Simon Oliver

Claimant

Javed Shaikh

Defendant

Procedural Posture

Committal for Contempt of Court / Penalty/sentencing After Liability Judgment

Legal Issues

  1. 1 What is the appropriate penalty for repeated and deliberate breaches of a court injunction amounting to contempt of court?

Ratio Decidendi

Given the Defendant's deliberate, persistent, and ongoing breaches of the court's order, with no remorse or engagement, only an immediate custodial sentence is sufficient to punish the contempt and uphold the authority of the court.

Court Disposition

Defendant committed to prison for 16 months for contempt of court; warrant for arrest issued.

Orders

  • Defendant to be committed to prison for 16 months.
  • Warrant for arrest to be issued.