South Cambridgeshire District Council v Gammell & Ors [2005] EWCA Civ 1429 (31 October 2005)

South Cambridgeshire District Council v Gammell & Ors [2005] EWCA Civ 1429 (31 October 2005)

The proportionality and balancing exercise required by South Bucks District Council v Porter applies at the stage of granting or varying an injunction, not when determining whether a person who becomes subject to an existing injunction against persons unknown is in breach or contempt. Once a person acts in breach with knowledge of the injunction, they are in contempt, and their personal circumstances are relevant only to sentencing or to an application to vary the injunction for the future.

Citation
[2005] EWCA Civ 1429
Parties
Claimant/respondent: South Cambridgeshire District Council; Claimant/respondent: The Mayor and Burgesses of the London Borough of Bromley; Defendant/appellant: Winnie Maughan; Defendant/appellant: Kathleen Gammell
Jurisdiction
England and Wales
Judgment Date
31 October 2005
Procedural Posture
Civil Appeal / Appeal From Committal Orders for Contempt of Court Following Breach of Injunctions
Outcome
Appeals dismissed
Legal Topics
Injunctions Against Persons Unknown, Contempt of Court, Article 8 ECHR, Proportionality in Injunctive Relief, Enforcement of Planning Control
Planning Law Civil Procedure Human Rights Injunctions Against Persons Unknown Contempt of Court Article 8 ECHR Proportionality in Injunctive Relief Enforcement of Planning Control

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Parties

South Cambridgeshire District Council

Claimant/respondent

The Mayor and Burgesses of the London Borough of Bromley

Claimant/respondent

Winnie Maughan

Defendant/appellant

Kathleen Gammell

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Committal Orders for Contempt of Court Following Breach of Injunctions

Legal Issues

  1. 1 Whether the proportionality balancing exercise from South Bucks District Council v Porter applies to persons who become defendants after an injunction is granted against persons unknown
  2. 2 Whether personal circumstances must be considered before finding contempt for breach of such injunctions

Ratio Decidendi

The proportionality and balancing exercise required by South Bucks District Council v Porter applies at the stage of granting or varying an injunction, not when determining whether a person who becomes subject to an existing injunction against persons unknown is in breach or contempt. Once a person acts in breach with knowledge of the injunction, they are in contempt, and their personal circumstances are relevant only to sentencing or to an application to vary the injunction for the future.

Court Disposition

Appeals dismissed

Orders

  • Appeal of Kathleen Gammell dismissed; sentencing to proceed with consideration of personal circumstances.
  • Appeal of Winnie Maughan dismissed; committal order suspended for two months to allow removal of caravans.