Hammerton v Hammerton [2007] EWCA Civ 465 (12 April 2007)

Hammerton v Hammerton [2007] EWCA Civ 465 (12 April 2007)

Given the highly unusual and mitigating circumstances, including the appellant's frustration arising from prior judicial errors and the findings of the Court of Appeal, the sentence of two months' imprisonment was excessive; a sentence of 28 days' immediate imprisonment was appropriate to mark the court's...

Source-derived case information.

Citation
[2007] EWCA Civ 465
Parties
Appellant: William Hammerton; Respondent: William Hammerton
Jurisdiction
England and Wales
Judgment Date
12 April 2007
Procedural Posture
Appeal (civil) / Appeal Against Sentence for Contempt of Court
Outcome
Appeal allowed; sentence reduced
Legal Topics
Committal Proceedings, Sentencing for Contempt, Article 6 ECHR, Litigants in Person, Judicial Error
Civil Procedure Family Law Contempt of Court Committal Proceedings Sentencing for Contempt Article 6 ECHR Litigants in Person Judicial Error

Source-derived case record

Summary, issues, holding and outcome

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Parties

William Hammerton

Appellant

William Hammerton

Respondent

Procedural Posture

Appeal (civil) / Appeal Against Sentence for Contempt of Court

Legal Issues

  1. 1 Whether the sentence of two months' imprisonment for contempt was excessive in the circumstances
  2. 2 Whether the mitigating circumstances warranted a reduction in sentence

Ratio Decidendi

Given the highly unusual and mitigating circumstances, including the appellant's frustration arising from prior judicial errors and the findings of the Court of Appeal, the sentence of two months' imprisonment was excessive; a sentence of 28 days' immediate imprisonment was appropriate to mark the court's disapproval while reflecting the circumstances.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Sentence of two months' imprisonment quashed
  • Substitute sentence of 28 days' immediate imprisonment