Adam (formerly known as Michael Merrill) v Cheshire East Council
[2024] EWCA Civ 536
John Bruce v Wychavon District Council
24 November 2023
[2023] EWCA Civ 1389
Court of Appeal
A man repeatedly broke a court order to clean up his land. He missed a court hearing due to illness (but didn't prove it well enough). The judge jailed him for a year. The appeals court agreed the jail time was deserved given his history of breaking court orders.
Key Facts
- •Mr. Bruce repeatedly breached a court injunction prohibiting him from using his land for non-agricultural purposes and failing to remove waste.
- •He was found in contempt of court on four separate occasions.
- •Mr. Bruce did not attend the fourth contempt hearing on August 9th, 2023, citing illness.
- •The judge found Mr. Bruce in contempt in his absence and sentenced him to 12 months imprisonment.
- •Mr. Bruce appealed the sentence, arguing the judge should have reopened the August 9th order and that the 12-month sentence was excessive.
Legal Principles
Permission to appeal a custodial sentence for contempt is not required (Administration of Justice Act 1960, s.13).
Administration of Justice Act 1960, s.13
A case management decision will only be overturned if the judge was 'plainly wrong'
Global Torch Ltd v Apex Global Management Ltd (No.2) [2014] UK SC 64
To set aside a judgment due to non-attendance, the applicant must show prompt action, a good reason for non-attendance, and a reasonable prospect of success at trial (CPR 39.3(5)).
CPR 39.3(5)
Adequate medical evidence to justify non-attendance must meet the standard set out in Levy v Ellis-Carr [2012] EWHC 63 (Ch) - identifying medical condition, features preventing participation, reasoned prognosis, and independent opinion.
Levy v Ellis-Carr [2012] EWHC 63 (Ch)
Sentencing for contempt requires considering culpability, the minimum necessary period of committal reflecting the seriousness, and whether suspension is appropriate (Liverpool Victoria Insurance Co. Ltd v Zafar [2019] EWCA Civ 392).
Liverpool Victoria Insurance Co. Ltd v Zafar [2019] EWCA Civ 392
Outcomes
Appeal dismissed.
The court found that Mr. Bruce did not provide sufficient medical evidence to justify his absence; his medical condition did not prevent participation, and he had failed to present a reasonable prospect of success at a retrial, particularly given his admission to one of the contempt allegations.
Ground 1 (failure to set aside the order) rejected.
The additional medical evidence did not meet the standard in Levy v Ellis-Carr, and Mr. Bruce lacked a reasonable prospect of success at a retrial due to the admitted allegation and lack of evidence to refute the others.
Ground 2 (manifestly excessive sentence) rejected.
The repeated nature of the breaches, Mr. Bruce's previous non-compliance and broken promises justified the 12-month sentence; the culpability was high and suspension was inappropriate due to the history of non-compliance and the lack of mitigating factors.