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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Birmingham City Council v Flatt  EWCA Civ 739 (12 June 2008)
Cite as:  EWCA Civ 739,  HLR 5
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BIRMINGHAM CIVIL JUSTICE CENTRE
(MR RECORDER BLEASDALE QC)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE CARNWATH
LORD JUSTICE JACOB
| BIRMINGHAM CITY COUNCIL
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Mr M Reihill (instructed by Birmingham City Council Legal & Democratic Services) appeared on behalf of the Respondent.
Crown Copyright ©
Lord Justice Tuckey:
"It is the first breach that concerns me … You wanted to frighten Mr Masters, you achieved your objective, that was an extremely stupid thing to do. Also I find that later you were making up allegations about Mr Rose.
In relation to the first breach. It was an incident that was denied. Just a year before you had been convicted of pouring petrol over Mr Masters. On that occasion you were given a community sentence. And I am sure you were given a full warning what the consequences would be if you breached the ASBI on 11 June 2007.
I have had the opportunity to sit and watch you whilst mitigation was presented. I take the view that you hold the court in poorly disguised contempt and you don't have proper regard for these proceedings."
Lord Justice Carnwath:
Lord Justice Jacob:
Order: Appeal dismissed