AB, CD, EF and GH -v- Syvret [2013] JRC 219 (14 November 2013)

AB, CD, EF and GH -v- Syvret [2013] JRC 219 (14 November 2013)

The respondent deliberately and persistently breached court orders by failing to remove and continuing to publish the representors' data, causing real distress and showing no remorse. A custodial sentence is essential for persistent and wilful contempt.

Citation
[2013] JRC 219
Parties
Respondent: Mr Stuart Syvret; Applicant: First representor; Applicant: Second representor; Applicant: Third representor; Applicant: Fourth representor
Jurisdiction
Jersey
Judgment Date
14 November 2013
Procedural Posture
Contempt of Court Application / Final Judgment
Outcome
application granted; respondent found in contempt
Legal Topics
Injunction Enforcement, Persistent Breach, Penalty for Contempt, Costs Order
Civil Procedure Contempt of Court Data Protection Injunction Enforcement Persistent Breach Penalty for Contempt Costs Order

Case Brief

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Parties

Mr Stuart Syvret

Respondent

First representor

Applicant

Second representor

Applicant

Third representor

Applicant

Fourth representor

Applicant

Procedural Posture

Contempt of Court Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent failed to comply with the court's order of 1st August 2013
  2. 2 Whether the respondent is guilty of contempt of court by reason of non-compliance
  3. 3 What penalty should be imposed for persistent and wilful contempt

Ratio Decidendi

The respondent deliberately and persistently breached court orders by failing to remove and continuing to publish the representors' data, causing real distress and showing no remorse. A custodial sentence is essential for persistent and wilful contempt.

Court Disposition

application granted; respondent found in contempt

Orders

  • Respondent sentenced to 3 months' imprisonment for contempt of court
  • Respondent to pay representors' costs on an indemnity basis, to be taxed if not agreed