Longhurst Homes Ltd v Killen [2008] EWCA Civ 402 (11 March 2008)

Longhurst Homes Ltd v Killen [2008] EWCA Civ 402 (11 March 2008)

The judge was entitled to impose consecutive and increased sentences for repeated, deliberate breaches of the injunction, especially after explicit warning; the total sentence of nine months was within the legitimate bracket of judicial discretion and not manifestly excessive.

Source-derived case information.

Citation
[2008] EWCA Civ 402
Parties
Appellant: Longhurst Homes Ltd; Respondent: Killen
Jurisdiction
England and Wales
Judgment Date
11 March 2008
Procedural Posture
Civil Appeal / Appeal From Lincoln County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Injunction, Sentencing for Contempt, Anti Social Behaviour Orders
Civil Procedure Contempt of Court Breach of Injunction Sentencing for Contempt Anti Social Behaviour Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Longhurst Homes Ltd

Appellant

Killen

Respondent

Procedural Posture

Civil Appeal / Appeal From Lincoln County Court Judgment

Legal Issues

  1. 1 Whether the nine-month sentence for contempt of court was manifestly excessive
  2. 2 Appropriateness of consecutive and concurrent sentencing for multiple breaches of an injunction

Ratio Decidendi

The judge was entitled to impose consecutive and increased sentences for repeated, deliberate breaches of the injunction, especially after explicit warning; the total sentence of nine months was within the legitimate bracket of judicial discretion and not manifestly excessive.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; sentence of nine months' imprisonment for contempt of court upheld