Cadwyn H.A. Ltd v Beard [2016] EWFC B89 (07 November 2016)

Cadwyn H.A. Ltd v Beard [2016] EWFC B89 (07 November 2016)

A suspended sentence of six weeks' imprisonment is appropriate for a first proven breach of the injunction, considering the circumstances and the need to secure future compliance. The injunction is extended for three months as agreed by the parties.

Citation
[2016] EWFC B89
Parties
Claimant Advocate: Mrs. Gladwin; Defendant: Mr. Beard
Jurisdiction
England and Wales
Judgment Date
07 November 2016
Procedural Posture
Contempt of Court / Committal Application / Hearing and Final Order
Outcome
Application granted in part; injunction extended and suspended sentence imposed.
Legal Topics
Breach of Injunction, Committal Proceedings, Suspended Sentence
Civil Procedure Contempt of Court Breach of Injunction Committal Proceedings Suspended Sentence

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Parties

Mrs. Gladwin

Claimant Advocate

Mr. Beard

Defendant

Procedural Posture

Contempt of Court / Committal Application / Hearing and Final Order

Legal Issues

  1. 1 Whether Mr. Beard breached the injunction order of 17 December 2015
  2. 2 Appropriate sanction for the breach
  3. 3 Whether the injunction should be extended

Ratio Decidendi

A suspended sentence of six weeks' imprisonment is appropriate for a first proven breach of the injunction, considering the circumstances and the need to secure future compliance. The injunction is extended for three months as agreed by the parties.

Court Disposition

Application granted in part; injunction extended and suspended sentence imposed.

Orders

  • Injunction order of 17 December 2015 extended to 18 March 2017.
  • Defendant sentenced to six weeks' imprisonment, suspended until expiry of the injunction, conditional on compliance.