Broxbourne Borough Council v Robb & Ors

Broxbourne Borough Council v Robb & Ors

The need to uphold the authority of the court and ensure compliance with its orders outweighs the personal circumstances of Mr Beary and his family, including the impact on his children and the pending planning appeal. The council's application for committal is lawful and proportionate, and the injunction should not be varied to permit continued breach.

Parties
Claimant: Broxbourne Borough Council; Defendants: Robb and others
Jurisdiction
England and Wales
Judgment Date
27 June 2011
Procedural Posture
Contempt of Court / Application to Vary Injunction / Judgment After Hearing of Committal and Variation Applications
Outcome
Application for committal granted; application to vary injunction refused
Legal Topics
Contempt of Court, Injunctions, Planning Permission for Gypsy and Traveller Sites, Race Relations Act 1976, Article 8 ECHR, Children's Rights, Green Belt Policy, Flood Risk Policy
Planning Law Human Rights Law Local Government Law Contempt of Court Injunctions Planning Permission for Gypsy and Traveller Sites Race Relations Act 1976 Article 8 ECHR +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Broxbourne Borough Council

Claimant

Robb and others

Defendants

Procedural Posture

Contempt of Court / Application to Vary Injunction / Judgment After Hearing of Committal and Variation Applications

Legal Issues

  1. 1 Whether the council's application for committal for contempt is lawful and proportionate
  2. 2 Whether the injunction should be varied to allow the defendant and his family to remain pending a planning appeal
  3. 3 Whether the council complied with its duties under the Race Relations Act 1976 and Article 8 ECHR

Ratio Decidendi

The need to uphold the authority of the court and ensure compliance with its orders outweighs the personal circumstances of Mr Beary and his family, including the impact on his children and the pending planning appeal. The council's application for committal is lawful and proportionate, and the injunction should not be varied to permit continued breach.

Court Disposition

Application for committal granted; application to vary injunction refused

Orders

  • Mr Beary committed to imprisonment for 28 days, sentence suspended if he removes the caravans within 4 weeks from the date of judgment
  • Application to vary the injunction refused