Smith v Doncaster Metropolitan Borough Council

Smith v Doncaster Metropolitan Borough Council

The appeal was dismissed because the appellant's persistent and deliberate failure to comply with the injunction, even after the imposition of the sentence, aggravated his contempt and justified the continued enforcement of the punitive element of the sentence. The judge made no error of law in refusing to discharge the sentence.

Parties
Appellant: Nigel Smith; Respondent: Doncaster Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
16 January 2014
Procedural Posture
Civil Appeal / Appeal From High Court Decision Refusing Discharge From Committal for Contempt
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Breach of Injunction, Punitive and Coercive Elements of Sentence, Planning Enforcement
Contempt of Court Planning Law Committal for Contempt Breach of Injunction Punitive and Coercive Elements of Sentence Planning Enforcement

Case Brief

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Parties

Nigel Smith

Appellant

Doncaster Metropolitan Borough Council

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision Refusing Discharge From Committal for Contempt

Legal Issues

  1. 1 Whether the appellant should be discharged from the sentence of imprisonment for contempt after ceasing possession of the land
  2. 2 Whether the punitive element of the sentence continues after the coercive element is spent

Ratio Decidendi

The appeal was dismissed because the appellant's persistent and deliberate failure to comply with the injunction, even after the imposition of the sentence, aggravated his contempt and justified the continued enforcement of the punitive element of the sentence. The judge made no error of law in refusing to discharge the sentence.

Court Disposition

Appeal dismissed

Orders

  • Appellant's application for discharge from sentence refused
  • No justification for release from sentence found