Mark Gary Coates v Janice Elizabeth Turner & Anor
[2023] EWCA Civ 1487
Lioubov Macpherson v Sunderland City Council
4 May 2023
[2023] EWCA Civ 574
Court of Appeal
A woman was given a suspended jail sentence for breaking court orders that protected a vulnerable person's privacy. She appealed, saying the rules weren't followed properly and the orders were wrong, but the higher court disagreed and kept her sentence.
Key Facts
- •Lioubov Macpherson (Appellant) appealed a 28-day suspended prison sentence for five contempts of court.
- •The contempts involved breaching orders preventing her from recording FP (a vulnerable adult) or staff, and publicising proceedings.
- •The Appellant admitted the breaches but argued procedural irregularities and that the orders were wrong.
- •The Court of Protection previously found FP lacked capacity and that the Appellant's actions harmed her.
- •The Appellant raised concerns about FP's care and treatment, which were previously addressed and dismissed by lower courts.
Legal Principles
Right of appeal for contempt of court.
Section 13(3) of the Administration of Justice Act 1960
Basis for appealing a guilty plea (analogous to contempt).
R v Tredget [2022] EWCA Crim 108
Sentencing for contempt of court.
Her Majesty's Attorney General v Timothy Crosland [2021] UKSC 15
Court of Appeal may allow appeal if decision was wrong or unjust due to serious procedural irregularity.
Sentence for contempt may be amended if wrong in principle or manifestly excessive.
Cuadrilla Bowland Ltd & Ors v Persons Unknown [2020] EWCA Civ 9
Balancing of Article 10 rights (freedom of expression) with other rights, such as privacy.
Abbasi v Newcastle Upon Tyne Hospitals NHS Foundation Trust [2023] EWCA Civ 331
Outcomes
Appeal dismissed.
The court found no valid grounds to overturn the contempt findings or sentence. Procedural irregularities did not affect the outcome, the breaches were admitted, and the sentence was deemed appropriate.