London Borough of Havering, R (on the application of) v Bowyer & Ors

London Borough of Havering, R (on the application of) v Bowyer & Ors

The making of false claims in litigation constitutes a grave contempt of court, undermining the administration of justice and requiring immediate custodial sentences, with mitigation for admissions and personal circumstances where appropriate.

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
Judicial Review / Contempt Proceedings / Sentencing Judgment
Outcome
Defendants found in contempt of court and sentenced to immediate imprisonment; costs assessed on indemnity basis.
Legal Topics
False Claims, Administration of Justice, Sentencing for Contempt
Civil Procedure Contempt of Court False Claims Administration of Justice Sentencing 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

Judicial Review / Contempt Proceedings / Sentencing Judgment

Legal Issues

  1. 1 What is the appropriate sentence for contempt of court arising from making false claims in litigation?
  2. 2 What mitigation, if any, should be afforded to contemnors who admit their contempt?

Ratio Decidendi

The making of false claims in litigation constitutes a grave contempt of court, undermining the administration of justice and requiring immediate custodial sentences, with mitigation for admissions and personal circumstances where appropriate.

Court Disposition

Defendants found in contempt of court and sentenced to immediate imprisonment; costs assessed on indemnity basis.

Orders

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