Secretary of State for Transport & Anor v Cuciurean [2020] EWHC 2723 (Ch) (16 October 2020)

Secretary of State for Transport & Anor v Cuciurean [2020] EWHC 2723 (Ch) (16 October 2020)

The defendant's repeated, deliberate breaches of a clear court order protecting HS2 land, despite knowledge and opportunity to comply, pass the custody threshold for contempt. However, given the civil disobedience context and protest motives, a suspended custodial sentence is appropriate, conditioned on compliance with court orders for 12 months.

Citation
[2020] EWHC 2723 (Ch)
Parties
Claimant/applicant: The Secretary of State for Transport; Claimant/applicant: High Speed Two (HS2) Limited; Defendant/respondent: Elliott Cuciurean
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Contempt of Court Proceedings / Sentencing Following Liability Judgment
Outcome
Six months' imprisonment, suspended for 12 months on condition of compliance with court orders endorsed with penal notice.
Legal Topics
Contempt of Court, Civil Disobedience, Protest Rights, Sentencing, Persons Unknown Injunctions
Civil Procedure Property Law Human Rights Contempt of Court Civil Disobedience Protest Rights Sentencing Persons Unknown Injunctions

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Parties

The Secretary of State for Transport

Claimant/applicant

High Speed Two (HS2) Limited

Claimant/applicant

Elliott Cuciurean

Defendant/respondent

Procedural Posture

Contempt of Court Proceedings / Sentencing Following Liability Judgment

Legal Issues

  1. 1 Whether the defendant's breaches of a court order warrant a custodial sentence
  2. 2 How civil disobedience and protest rights affect sentencing for contempt
  3. 3 Application of new and old CPR Part 81 rules to ongoing proceedings

Ratio Decidendi

The defendant's repeated, deliberate breaches of a clear court order protecting HS2 land, despite knowledge and opportunity to comply, pass the custody threshold for contempt. However, given the civil disobedience context and protest motives, a suspended custodial sentence is appropriate, conditioned on compliance with court orders for 12 months.

Court Disposition

Six months' imprisonment, suspended for 12 months on condition of compliance with court orders endorsed with penal notice.

Orders

  • Mr Cuciurean sentenced to six months' imprisonment, suspended for 12 months from the date of the order, conditional on compliance with any court order in England and Wales endorsed with a penal notice enjoining entry upon land by persons including Mr Cuciurean.