Jockey Club Racecourses Limited v Kidby & Ors

Jockey Club Racecourses Limited v Kidby & Ors

A custodial sentence of two months, suspended for 18 months, is the minimum proportionate sanction for the defendant's admitted contempt, reflecting the seriousness of the breach, the deliberate nature of the conduct, the limited harm, significant mitigation including early admission, remorse, time already spent in custody, and the protest context.

Parties
Claimant: Jockey Club Racecourses Limited; Ninth Defendant: Benjamin Newman
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Contempt Application (civil) / Sanction/judgment
Outcome
Two months imprisonment, suspended for 18 months on conditions.
Legal Topics
Breach of Injunction, Civil Disobedience, Sanctions for Contempt, Protestor Rights, Mitigation in Contempt Proceedings
Civil Procedure Contempt of Court Protest Law Breach of Injunction Civil Disobedience Sanctions for Contempt Protestor Rights Mitigation in Contempt Proceedings

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Parties

Jockey Club Racecourses Limited

Claimant

Benjamin Newman

Ninth Defendant

Procedural Posture

Contempt Application (civil) / Sanction/judgment

Legal Issues

  1. 1 What is the appropriate sanction for an admitted contempt of court arising from breach of an interim injunction by a protestor at a major sporting event?
  2. 2 How should the court balance culpability, harm, mitigation, and protestor motivation in determining sanction for contempt?

Ratio Decidendi

A custodial sentence of two months, suspended for 18 months, is the minimum proportionate sanction for the defendant's admitted contempt, reflecting the seriousness of the breach, the deliberate nature of the conduct, the limited harm, significant mitigation including early admission, remorse, time already spent in custody, and the protest context.

Court Disposition

Two months imprisonment, suspended for 18 months on conditions.

Orders

  • Defendant sentenced to two months imprisonment, suspended for 18 months, on condition not to enter or be present on any race track owned or managed by the claimant, and not to intentionally obstruct or disrupt any horse race organised or hosted by the claimant.
  • Defendant has right to appeal to the Court of Appeal within 21 days.