Trebell v Trebell [2001] EWCA Civ 428 (19 March 2001)

Trebell v Trebell [2001] EWCA Civ 428 (19 March 2001)

The judge was entitled to revoke the injunction and refuse committal because the applicant had repeatedly acted inconsistently, despite clear warnings, rendering the injunction ineffective and justifying the termination of proceedings without further fact-finding.

Citation
[2001] EWCA Civ 428
Parties
Applicant/appellant: Elizabeth Ann Trebell; Respondent: Owen John Trebell
Jurisdiction
England and Wales
Judgment Date
19 March 2001
Procedural Posture
Appeal (civil) / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Injunctions, Committal for Contempt, Domestic Violence, Breach of Court Orders
Family Law Civil Procedure Injunctions Committal for Contempt Domestic Violence Breach of Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Elizabeth Ann Trebell

Applicant/appellant

Owen John Trebell

Respondent

Procedural Posture

Appeal (civil) / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in revoking the injunction and refusing to commit the respondent for breach of the order
  2. 2 Whether the judge failed to resolve factual disputes and hear evidence, thereby denying natural justice

Ratio Decidendi

The judge was entitled to revoke the injunction and refuse committal because the applicant had repeatedly acted inconsistently, despite clear warnings, rendering the injunction ineffective and justifying the termination of proceedings without further fact-finding.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed
  • Public funding orders for both parties