Lee Mavin v Karen Wyatt

Lee Mavin v Karen Wyatt

The inclusion of counts 6 and 7 in the contempt order was procedurally unfair and unlawful as the appellant was not notified or served with amended allegations, nor was evidence filed in support. The appeal is allowed in respect of counts 6 and 7. In respect of counts 1 to 5, the judge was entitled to proceed in the appellant’s absence given the history of the proceedings, the opportunities afforded to obtain legal representation, and the repeated failures to attend without sufficient justification. There was no procedural irregularity in the conduct of the hearings or sentencing for counts 1 to 5. However, the sentence must be reconsidered as it was based on all seven counts and a longer...

Parties
Appellant: Lee Mavin; Respondent: Karen Wyatt
Jurisdiction
England and Wales
Judgment Date
17 April 2026
Procedural Posture
Civil Appeal – Contempt of Court / Appeal From County Court – Judgment on Appeal
Outcome
Appeal allowed in part; counts 6 and 7 set aside; appeal dismissed on counts 1 to 5; sentence set aside for reconsideration.
Legal Topics
Committal for Contempt, Procedural Fairness, Legal Representation, Reasonable Adjustments for Vulnerable Litigants, Debt Respite Scheme (breathing Space)
Civil Procedure Landlord and Tenant Contempt of Court Committal for Contempt Procedural Fairness Legal Representation Reasonable Adjustments for Vulnerable Litigants Debt Respite Scheme (breathing Space)

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Parties

Lee Mavin

Appellant

Karen Wyatt

Respondent

Procedural Posture

Civil Appeal – Contempt of Court / Appeal From County Court – Judgment on Appeal

Legal Issues

  1. 1 Whether the inclusion of counts 6 and 7 in the contempt application was procedurally fair and lawful
  2. 2 Whether the appellant was afforded a fair opportunity to participate and be legally represented
  3. 3 Whether the court made reasonable adjustments for the appellant's vulnerabilities

Ratio Decidendi

The inclusion of counts 6 and 7 in the contempt order was procedurally unfair and unlawful as the appellant was not notified or served with amended allegations, nor was evidence filed in support. The appeal is allowed in respect of counts 6 and 7. In respect of counts 1 to 5, the judge was entitled to proceed in the appellant’s absence given the history of the proceedings, the opportunities afforded to obtain legal representation, and the repeated failures to attend without sufficient justification. There was no procedural irregularity in the conduct of the hearings or sentencing for counts 1 to 5. However, the sentence must be reconsidered as it was based on all seven counts and a longer...

Court Disposition

Appeal allowed in part; counts 6 and 7 set aside; appeal dismissed on counts 1 to 5; sentence set aside for reconsideration.

Orders

  • Appeal allowed in respect of counts 6 and 7 of the contempt order; findings of contempt on those counts set aside.
  • Appeal dismissed in respect of counts 1 to 5 of the contempt order.