London Borough of Havering, R (on the application of) v Bowyer & Ors [2012] EWHC 2237 (Admin) (27 July 2012)

London Borough of Havering, R (on the application of) v Bowyer & Ors [2012] EWHC 2237 (Admin) (27 July 2012)

Custodial sentences are necessary to mark the gravity of contempt by making false claims in litigation, with mitigation for admissions and relative culpability among defendants.

Citation
[2012] EWHC 2237 (Admin)
Parties
Claimant: London Borough of Havering; Defendant: Mark Bowyer; Defendant: James Jones; Defendant: Richard Bowyer
Jurisdiction
England and Wales
Judgment Date
27 July 2012
Procedural Posture
Contempt Proceedings / Sentencing Judgment
Outcome
Defendants sentenced to immediate imprisonment for contempt of court; costs assessed on indemnity basis.
Legal Topics
False Claims, Litigation Fraud, Sanctions for Contempt
Civil Procedure Contempt of Court False Claims Litigation Fraud Sanctions for Contempt

Case Brief

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Parties

London Borough of Havering

Claimant

Mark Bowyer

Defendant

James Jones

Defendant

Richard Bowyer

Defendant

Procedural Posture

Contempt Proceedings / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for contempt of court by making false claims
  2. 2 Mitigation for admissions of contempt
  3. 3 Relative culpability among defendants

Ratio Decidendi

Custodial sentences are necessary to mark the gravity of contempt by making false claims in litigation, with mitigation for admissions and relative culpability among defendants.

Court Disposition

Defendants sentenced to immediate imprisonment for contempt of court; costs assessed on indemnity basis.

Orders

  • Mark Bowyer sentenced to 2 months' imprisonment.
  • James Jones sentenced to 1 month imprisonment.