Oliver v Shaikh

Oliver v Shaikh

The Defendant's contempt was deliberate, persistent, and ongoing, with no remorse shown. The breaches caused significant harm to the rule of law and the Claimant. Only immediate imprisonment is sufficient to reflect the seriousness of the conduct and the harm caused.

Parties
Claimant: Simon Oliver; Defendant: Javed Shaikh
Jurisdiction
England and Wales
Judgment Date
08 October 2020
Procedural Posture
Contempt of Court Proceedings / Sentencing/penalty Hearing
Outcome
Defendant committed to prison for 16 months for contempt of court; warrant for arrest issued.
Legal Topics
Contempt of Court, Breach of Court Order, Injunction, Harassment

Case Brief

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Parties

Simon Oliver

Claimant

Javed Shaikh

Defendant

Procedural Posture

Contempt of Court Proceedings / Sentencing/penalty Hearing

  1. 1 What is the appropriate penalty for the Defendant's contempt of court by breaching the order of 10 December 2019?

Ratio Decidendi

The Defendant's contempt was deliberate, persistent, and ongoing, with no remorse shown. The breaches caused significant harm to the rule of law and the Claimant. Only immediate imprisonment is sufficient to reflect the seriousness of the conduct and the harm caused.

Court Disposition

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

Orders

  • Warrant for the Defendant's arrest to be issued.
  • Upon apprehension, Defendant to be committed to prison for 16 months.