Kirklees Council v Davis

Kirklees Council v Davis

The appeal was allowed solely to the extent that the 16 days spent on remand in custody should be credited against the total sentence for contempt of court. The breaches were serious and justified the sentence, but justice required credit for time already served.

Parties
Appellant: Kirklees Council; Respondent: Davis
Jurisdiction
England and Wales
Judgment Date
21 May 2008
Procedural Posture
Civil Appeal / Appeal From Committal for Contempt
Outcome
appeal allowed in part
Legal Topics
Contempt of Court, Breach of Injunction, Remand Credit, Harassment Injunction
Civil Procedure Housing Law Contempt of Court Breach of Injunction Remand Credit Harassment Injunction

Case Brief

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Parties

Kirklees Council

Appellant

Davis

Respondent

Procedural Posture

Civil Appeal / Appeal From Committal for Contempt

Legal Issues

  1. 1 Whether the sentence for contempt of court should take into account time spent on remand
  2. 2 Whether the breaches of the injunction justified the sentence imposed

Ratio Decidendi

The appeal was allowed solely to the extent that the 16 days spent on remand in custody should be credited against the total sentence for contempt of court. The breaches were serious and justified the sentence, but justice required credit for time already served.

Court Disposition

appeal allowed in part

Orders

  • The 16 days spent on remand in custody to count as against the total sentence for contempt of court.