Family Law Hub

Berger v Bell [2020] EWCA Civ 544

The unmarried couple had separated and the female partner had moved out of the family home. Their two children were now adults. She sought a sale of the property under TOLATA 1996 on the basis that it had had been purchased for the purpose of providing a family home and that purpose had come to an end. An order was made for the male partner to give up vacant possession of the property, and he was forbidden from interfering with the sale. He was then committed to prison for breaches of those injunctive orders, and now appealed against that sentence. Baker LJ found that none of the grounds or arguments advanced established that the judge had been wrong either in any of her findings or in the sentence passed. The male partner did not accept the validity of the order made in the TOLATA proceedings and believed that he was entitled to disregard it. He would have continued to defy the order if allowed his liberty. Bean LJ agreed, and the appeal was dismissed.

Judgment, published: 24/04/2020

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Published: 24/04/2020

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