Birmingham City Council v Fellows [2017] EW Misc 7 (CC) (20 April 2017)

Given the deliberate nature of the breach, the history of repeated violations, and the ineffectiveness of previous suspended and immediate custodial sentences, a custodial sentence of sixty days is warranted to take effect upon Mr. Fellows' release from prison.

Citation: [2017] EW Misc 7 (CC)
Parties: Defendant: Mr. Fellows; Claimant: The Council
Jurisdiction: England and Wales
Judgment Date: 20 April 2017
Procedural Posture: Contempt of Court Proceedings / Sentencing After Admission of Breach
Outcome: Defendant sentenced to sixty days imprisonment for contempt, to take effect upon release from current prison term; order for costs contribution made.
Legal Topics: Breach of Injunction, Sentencing for Contempt

Civil Procedure Contempt of Court Breach of Injunction Sentencing for Contempt

Case Brief

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Parties

Mr. Fellows

Defendant

The Council

Claimant

Procedural Posture

Contempt of Court Proceedings / Sentencing After Admission of Breach

Legal Issues

1 Whether Mr. Fellows breached the exclusion order on 2nd March 2017
2 Appropriate sanction for the admitted breach

Ratio Decidendi

Court Disposition

Defendant sentenced to sixty days imprisonment for contempt, to take effect upon release from current prison term; order for costs contribution made.

Orders

Sixty days imprisonment to take effect upon Mr. Fellows' release from prison.
Defendant to pay £400 towards Claimant's costs, not to be enforced without further order of the court.