B (Algeria) v Secretary of State for the Home Department [2013] UKSC 4; [2013] WLR (D) 29
“Where a person held by a civil court or tribunal to be in contempt of court appealed against a sentence of imprisonment imposed for the contempt and the Court of Appeal (Civil Division) found that the lower court’s factual findings had been flawed but that nevertheless, on the basis of the true facts, there had still been contempt requiring imprisonment, it could decide for itself what the appropriate sentence should be by asking whether the lower court’s sentence had been manifestly excessive, provided that the lower court’s decision had not been influenced by its flawed findings of fact.”
WLR Daily, 30th January 2013
Source: www.iclr.co.uk
