Janes’ Client, Graham Darby, Succeeds in Appeal against Sentence for Contempt of Court

Tuesday, 04 February 2025 | Janes Solicitors

On 4 February 2025, the Court of Appeal handed down its Judgment upholding Janes Solicitors’ client Graham Darby’s appeal against his sentence for Contempt of Court imposed by the High Court in Cardiff.

Mr Darby had been sentenced by HHJ Keyser KC (sitting as a High Court Judge),  to 18 in months in prison for three contempts, arising out of  his failure to confirm that he owned and his failure disclose the location of approximately 100 Bitcoin which the Claimant alleged that he owned.

Whilst serving his sentence at HMP Parc in Bridgend, Mr Darby instructed Marc Livingston, head of Civil/Contempt at Janes Solicitors, to appeal. Mr Darby was also represented by counsel Helen Pugh of Outer Temple Chambers.

In what is a rare occurrence on 13 December 2024 the Court of Appeal granted Mr Daby bail pending the outcome of his appeal, the hearing of which took place on 16 January 2025.

In its Judgment, which can be read at Graham Darby v Zi Wang [2025] EWCA Civ 67, Dingemans LJ, with whom Falk LJ agreed, decided that the Court should  allow Mr Darby’s appeal and reduce his sentence to time served, in circumstances where Mr Darby had belatedly complied with the Court’s orders and apologised.

Mr Darby’s appeal  raised another significant matter which may be of wider relevance to those involved in Contempt Proceedings in the future. At Paragraph 21 of the Judgment, the Court of Appeal expressed the view that when someone whose liberty is at stake belatedly engages with the Court process, it may be appropriate to grant a short adjournment to ensure that the Defendant can avail themselves of legal representation. Unfortunately, that did not happen in this case.

As can be seen from the eventual outcome, allowing a Defendant to obtain legal advice (which can normally be obtained via non-means tested legal aid), even at a very late stage, can assist all parties and the Court in narrowing the issues and possibly even avoid the need for a custodial sentence.

For more information about any Contempt of Court matters, please contact our experienced team, who will be delighted to try and assist.

Marc Livingston

Need advice? Call us now.
020 7930 5100
Out of hours: 07789 622 430