Berger v Bell

Berger v Bell

The appellant persistently breached clear court orders regarding property possession and sale, demonstrated no contrition, and indicated intent to continue defiance. The committal order and sentence were justified, and the appeal disclosed no error in law or fact warranting interference.

Parties
Appellant: Marc Alan Berger; Respondent: Judith Ann Bell
Jurisdiction
England and Wales
Judgment Date
11 February 2020
Procedural Posture
Civil Appeal / Appeal From Committal Order
Outcome
appeal dismissed
Legal Topics
Committal for Contempt, Breach of Court Order, Trusts of Land and Appointment of Trustees Act 1996 (tolata), Enforcement of Property Sale
Civil Procedure Property Law Committal for Contempt Breach of Court Order Trusts of Land and Appointment of Trustees Act 1996 (tolata) Enforcement of Property Sale

Case Brief

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Parties

Marc Alan Berger

Appellant

Judith Ann Bell

Respondent

Procedural Posture

Civil Appeal / Appeal From Committal Order

Legal Issues

  1. 1 Whether the appellant breached injunctive orders relating to property possession and sale
  2. 2 Whether the committal order and sentence were justified
  3. 3 Whether the appellant's appeal was filed out of time and if extension should be granted

Ratio Decidendi

The appellant persistently breached clear court orders regarding property possession and sale, demonstrated no contrition, and indicated intent to continue defiance. The committal order and sentence were justified, and the appeal disclosed no error in law or fact warranting interference.

Court Disposition

appeal dismissed

Orders

  • Extension of time for lodging notice of appeal granted
  • Appeal dismissed