AD v SV [2009] JRC 014A (27 January 2009)

AD v SV [2009] JRC 014A (27 January 2009)

The Defendant repeatedly breached court injunctions despite multiple judicial warnings and exceptional leniency. The Court determined that closure was required and imposed a substantial fine, warning that further breaches would result in imprisonment.

Citation
[2009] JRC 014A
Parties
Defendant: SV; Plaintiff: AD
Jurisdiction
Jersey
Judgment Date
27 January 2009
Procedural Posture
Contempt Proceedings for Breach of Injunction / Sentencing
Outcome
Defendant fined for contempt, with imprisonment in default; costs awarded to Plaintiff.
Legal Topics
Breach of Injunction, Sentencing for Contempt, Child Custody Implications
Family Law Civil Contempt Breach of Injunction Sentencing for Contempt Child Custody Implications

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Parties

SV

Defendant

AD

Plaintiff

Procedural Posture

Contempt Proceedings for Breach of Injunction / Sentencing

Legal Issues

  1. 1 Whether the Defendant breached court injunctions
  2. 2 Appropriate sanction for repeated contempt
  3. 3 Impact of sentencing on child custody

Ratio Decidendi

The Defendant repeatedly breached court injunctions despite multiple judicial warnings and exceptional leniency. The Court determined that closure was required and imposed a substantial fine, warning that further breaches would result in imprisonment.

Court Disposition

Defendant fined for contempt, with imprisonment in default; costs awarded to Plaintiff.

Orders

  • Defendant fined £2500 or two weeks imprisonment in default for breaches admitted on 24 November 2008.
  • Defendant fined £5000 or four weeks imprisonment in default for breaches admitted on 16 December 2008 to 18 January 2009.