Gibbs v Gibbs (Rev 2)

Gibbs v Gibbs (Rev 2)

The respondent knowingly and persistently breached clear court orders prohibiting dissemination of abuse allegations, without reasonable excuse; all professional and judicial findings reject the truth of the allegations; new evidence does not support the respondent's case; the respondent's conduct is obsessive and...

Source-derived case information.

Parties
Applicant: Jean Patricia Gibbs; Respondent: Charles Ronald Gibbs
Jurisdiction
England and Wales
Judgment Date
05 August 2020
Procedural Posture
Family / Final Judgment
Outcome
Application for committal granted; application to discharge non-molestation order dismissed; order for sale of respondent's property granted; costs awarded on indemnity basis.
Legal Topics
Non Molestation Orders, Committal Proceedings, Reasonable Excuse Defence, Enforcement of Charging Orders, Costs Orders
Family Law Civil Contempt Non Molestation Orders Committal Proceedings Reasonable Excuse Defence Enforcement of Charging Orders Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jean Patricia Gibbs

Applicant

Charles Ronald Gibbs

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the respondent breached non-molestation and other court orders
  2. 2 Whether the respondent had a reasonable excuse for breaching the orders
  3. 3 Whether the non-molestation order should be discharged

Ratio Decidendi

The respondent knowingly and persistently breached clear court orders prohibiting dissemination of abuse allegations, without reasonable excuse; all professional and judicial findings reject the truth of the allegations; new evidence does not support the respondent's case; the respondent's conduct is obsessive and harmful, warranting enforcement of costs and sale orders but not further imprisonment due to lack of efficacy.

Court Disposition

Application for committal granted; application to discharge non-molestation order dismissed; order for sale of respondent's property granted; costs awarded on indemnity basis.

Orders

  • Order for sale of Jean Patricia Gibbs' house to satisfy charging order and costs
  • Costs of proceedings awarded against Jean Patricia Gibbs on indemnity basis