Parsons v Lares [2002] EWCA Civ 1023 (24 June 2002)

Parsons v Lares [2002] EWCA Civ 1023 (24 June 2002)

The appeal was dismissed because the judge was entitled to find, on the evidence, that Mr. Lares was aware of the non-molestation order, had breached it, and that the hearing was fair and conducted to the correct standard of proof. The judge's findings of fact and exercise of discretion in suspending the committal order were not open to appellate interference.

Citation
[2002] EWCA Civ 1023
Parties
Applicant: Rowena Parsons; Respondent/appellant: Curtis Lares
Jurisdiction
England and Wales
Judgment Date
24 June 2002
Procedural Posture
Appeal (civil) / Appeal From Lambeth County Court Decision on Committal for Breach of Non Molestation Order
Outcome
Appeal dismissed
Legal Topics
Non Molestation Order, Committal for Contempt, Service of Process, Bias and Fair Hearing, Standard of Proof in Quasi Criminal Proceedings
Family Law Civil Procedure Non Molestation Order Committal for Contempt Service of Process Bias and Fair Hearing Standard of Proof in Quasi Criminal Proceedings

Case Brief

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Parties

Rowena Parsons

Applicant

Curtis Lares

Respondent/appellant

Procedural Posture

Appeal (civil) / Appeal From Lambeth County Court Decision on Committal for Breach of Non Molestation Order

Legal Issues

  1. 1 Whether the non-molestation order was properly served or brought to the attention of Mr. Lares
  2. 2 Whether the hearing was fair and free from judicial bias
  3. 3 Whether the judge applied the correct standard of proof in finding breach of the order

Ratio Decidendi

The appeal was dismissed because the judge was entitled to find, on the evidence, that Mr. Lares was aware of the non-molestation order, had breached it, and that the hearing was fair and conducted to the correct standard of proof. The judge's findings of fact and exercise of discretion in suspending the committal order were not open to appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Application for permission to appeal to the House of Lords refused