South Cambridgeshire District Council v Gammell & Ors

South Cambridgeshire District Council v Gammell & Ors

The proportionality and balancing exercise required by South Bucks District Council v Porter does not apply to persons who become defendants by acting in breach of an injunction granted against persons unknown after the injunction is made. Such persons are in contempt if they knowingly breach the injunction, and their personal circumstances are only relevant at the sentencing stage or upon an application to vary or discharge the injunction.

Parties
Claimant/respondent: South Cambridgeshire District Council; Defendants/appellants: Gammell and Others; Claimant/respondent: The Mayor and Burgesses of the London Borough of Bromley; Defendants/appellants: Winnie Maughan and Others
Jurisdiction
England and Wales
Judgment Date
31 October 2005
Procedural Posture
Civil Appeal / Appeal From Committal Orders for Contempt of Court
Outcome
Appeals dismissed
Legal Topics
Injunctions Against Persons Unknown, Contempt of Court, Article 8 ECHR (right to Respect for Private and Family Life), Proportionality in Injunctive Relief, Variation and Discharge of Injunctions
Planning Law Civil Procedure Human Rights Injunctions Against Persons Unknown Contempt of Court Article 8 ECHR (right to Respect for Private and Family Life) Proportionality in Injunctive Relief Variation and Discharge of Injunctions

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Parties

South Cambridgeshire District Council

Claimant/respondent

Gammell and Others

Defendants/appellants

The Mayor and Burgesses of the London Borough of Bromley

Claimant/respondent

Winnie Maughan and Others

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From Committal Orders for Contempt of Court

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 does not apply to persons who become defendants by acting in breach of an injunction granted against persons unknown after the injunction is made. Such persons are in contempt if they knowingly breach the injunction, and their personal circumstances are only relevant at the sentencing stage or upon an application to vary or discharge the injunction.

Court Disposition

Appeals dismissed

Orders

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