Webb & Anor v Markos & Anor

Webb & Anor v Markos & Anor

The committal order was properly made and served; the appellants' continued refusal to comply with the possession order constituted straightforward contempt, and there were no procedural or substantive grounds to oppose enforcement.

Parties
Claimant: Webb; Claimant: McDonald; Defendant: Milicia Markos; Defendant: Nicholas Markos
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Civil Appeal / Judgment on Appeal Against Committal Order
Outcome
appeals dismissed
Legal Topics
Committal for Contempt, Possession Order, Enforcement of Charging Order
Property Law Civil Procedure Committal for Contempt Possession Order Enforcement of Charging Order

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Parties

Webb

Claimant

McDonald

Claimant

Milicia Markos

Defendant

Nicholas Markos

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal Against Committal Order

Legal Issues

  1. 1 Whether the committal order for breach of possession order was properly made and served
  2. 2 Whether there were procedural or substantive grounds to oppose committal
  3. 3 Whether the possession order was still stayed or in force

Ratio Decidendi

The committal order was properly made and served; the appellants' continued refusal to comply with the possession order constituted straightforward contempt, and there were no procedural or substantive grounds to oppose enforcement.

Court Disposition

appeals dismissed

Orders

  • committal order enforced
  • appeals against committal order dismissed