Cuciurean v The Secretary of State for Transport & Anor

Cuciurean v The Secretary of State for Transport & Anor

The appellant breached the injunction by deliberate incursions onto Crackley Land, service was effected in accordance with the order and was sufficient, the appellant had notice and knowledge of the injunction, compliance with checking requirements was not a condition of service, and the sanction imposed was excessive and should be reduced.

Parties
Appellant/defendant: Elliott Cuciurean; Respondent/claimant: The Secretary of State for Transport; Respondent/claimant: High Speed Two (HS2) Limited
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Appeal / Judgment on Appeal Against Findings of Contempt and Sanction
Outcome
Liability appeal dismissed; sanctions appeal allowed in part.
Legal Topics
Contempt of Court, Service of Injunctions, Alternative Service, Trespass, Sanctions for Civil Contempt, Protest Rights, Burden of Proof
Civil Procedure Property Law Human Rights Contempt of Court Service of Injunctions Alternative Service Trespass Sanctions for Civil Contempt +2 more

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Parties

Elliott Cuciurean

Appellant/defendant

The Secretary of State for Transport

Respondent/claimant

High Speed Two (HS2) Limited

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal Against Findings of Contempt and Sanction

Legal Issues

  1. 1 Whether the appellant breached the injunction by entering Crackley Land
  2. 2 Whether service of the injunction was sufficient to found contempt
  3. 3 Whether the appellant had sufficient notice or knowledge of the injunction

Ratio Decidendi

The appellant breached the injunction by deliberate incursions onto Crackley Land, service was effected in accordance with the order and was sufficient, the appellant had notice and knowledge of the injunction, compliance with checking requirements was not a condition of service, and the sanction imposed was excessive and should be reduced.

Court Disposition

Liability appeal dismissed; sanctions appeal allowed in part.

Orders

  • Committal for three months, suspended for twelve months on same conditions as previously imposed.
  • Appellant to comply with any court order enjoining entry upon land by persons including persons unknown.