Hart District Council v Helen Freeman & Anor

Hart District Council v Helen Freeman & Anor

The breaches, while not at the highest end of seriousness, were not accidental or one-off but reflected a pattern of behaviour over several periods. The seriousness crossed the custodial threshold, but immediate custody was not necessary given the mitigating factors, including the welfare of young children and steps taken to comply. A six-week committal order for each defendant is appropriate, suspended for 12 months.

Parties
Claimant: Hart District Council; First Defendant: Helen Freeman; Second Defendant: Matthew Silvester
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Committal Application for Breach of Injunction / Sanction/sentencing After Finding of Breach
Outcome
Committal orders for both defendants, suspended for 12 months.
Legal Topics
Breach of Injunction, Committal Proceedings, Sanctions for Contempt, Suspended Committal Orders
Civil Contempt Planning Law Breach of Injunction Committal Proceedings Sanctions for Contempt Suspended Committal Orders

Case Brief

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Parties

Hart District Council

Claimant

Helen Freeman

First Defendant

Matthew Silvester

Second Defendant

Procedural Posture

Committal Application for Breach of Injunction / Sanction/sentencing After Finding of Breach

Legal Issues

  1. 1 What is the appropriate sanction for breach of a planning injunction by the defendants?
  2. 2 Does the seriousness of the breach cross the custodial threshold?
  3. 3 Should any committal order be suspended?

Ratio Decidendi

The breaches, while not at the highest end of seriousness, were not accidental or one-off but reflected a pattern of behaviour over several periods. The seriousness crossed the custodial threshold, but immediate custody was not necessary given the mitigating factors, including the welfare of young children and steps taken to comply. A six-week committal order for each defendant is appropriate, suspended for 12 months.

Court Disposition

Committal orders for both defendants, suspended for 12 months.

Orders

  • Helen Freeman committed to prison for six weeks, suspended for 12 months.
  • Matthew Silvester committed to prison for six weeks, suspended for 12 months.