Jockey Club Racecourses Ltd v Kidby & Ors [2023] EWHC 2643 (Ch) (11 October 2023)

Jockey Club Racecourses Ltd v Kidby & Ors [2023] EWHC 2643 (Ch) (11 October 2023)

A custodial sentence of two months, suspended for 18 months, is the minimum proportionate sanction for the defendant's deliberate and planned breach of the injunction, taking into account his high culpability, limited harm, genuine remorse, early admission, time already spent in custody, and undertakings not to...

Source-derived case information.

Citation
[2023] EWHC 2643 (Ch)
Parties
Claimant: Jockey Club Racecourses Limited; Ninth Defendant: Benjamin Newman
Jurisdiction
England and Wales
Judgment Date
11 October 2023
Procedural Posture
Contempt Application / Sanction Hearing
Outcome
Defendant sentenced to two months' imprisonment, suspended for 18 months, subject to conditions.
Legal Topics
Breach of Injunction, Civil Disobedience, Sanctions for Contempt, Protest Law
Civil Procedure Injunctions Contempt of Court Breach of Injunction Civil Disobedience Sanctions for Contempt Protest Law

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Parties

Jockey Club Racecourses Limited

Claimant

Benjamin Newman

Ninth Defendant

Procedural Posture

Contempt Application / Sanction Hearing

Legal Issues

  1. 1 What is the appropriate sanction for admitted contempt of court by breach of an interim injunction in the context of protest action?

Ratio Decidendi

A custodial sentence of two months, suspended for 18 months, is the minimum proportionate sanction for the defendant's deliberate and planned breach of the injunction, taking into account his high culpability, limited harm, genuine remorse, early admission, time already spent in custody, and undertakings not to repeat the conduct.

Court Disposition

Defendant sentenced to two months' imprisonment, suspended for 18 months, subject to conditions.

Orders

  • Two months' imprisonment suspended for 18 months on condition defendant does not enter or be present on any race track owned or managed by the claimant and does not intentionally obstruct or disrupt any horse race organised or hosted by the claimant.
  • Right to appeal to the Court of Appeal within 21 days without permission.