National Highways Limited v Aaron Gunning & Ors

National Highways Limited v Aaron Gunning & Ors

Defendants who knowingly breached the injunction are liable for contempt of court. Where strong mitigation exists, including undertakings, apologies, and personal circumstances, a suspended sentence or no penalty may be appropriate. Defendants without prior knowledge of the injunction and who have already served criminal sentences should not be further penalised.

Parties
Claimant: National Highways Limited; Defendant: Aaron Gunning; Defendant: Alfred Beswick; Defendant: Amy Friel (aka O’Donnell); Defendant: Daniel Mifsud; Defendant: Edward Laney; Defendant: George Cattell; Defendant: George Simonson; Defendant: Jan Goodey; Defendant: Louise Harris; Defendant: Nicholas Mark Onley; Defendant: Sam Holland; Defendant: Samuel Price; Defendant: Thomas Christopher Gardener; Defendant: Toby Robards
Jurisdiction
England and Wales
Judgment Date
07 April 2024
Procedural Posture
Contempt of Court Application (civil) / Judgment on Committal Application and Sanction
Outcome
Application for committal disposed; undertakings accepted for most Defendants; suspended committal for Onley; no penalty for Goodey.
Legal Topics
Contempt of Court, Precautionary Injunctions, Protest Law, Sanctions for Breach of Court Orders
Civil Procedure Public Order Injunctions Contempt of Court Precautionary Injunctions Protest Law Sanctions for Breach of Court Orders

Case Brief

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Parties

National Highways Limited

Claimant

Aaron Gunning

Defendant

Alfred Beswick

Defendant

Amy Friel (aka O’Donnell)

Defendant

Daniel Mifsud

Defendant

Edward Laney

Defendant

George Cattell

Defendant

George Simonson

Defendant

Jan Goodey

Defendant

Louise Harris

Defendant

Nicholas Mark Onley

Defendant

Sam Holland

Defendant

Samuel Price

Defendant

Thomas Christopher Gardener

Defendant

Toby Robards

Defendant

Procedural Posture

Contempt of Court Application (civil) / Judgment on Committal Application and Sanction

Legal Issues

  1. 1 Whether the Defendants breached the Chamberlain Order (injunction)
  2. 2 Whether the Defendants had knowledge of the injunction
  3. 3 Appropriate sanction for contempt of court

Ratio Decidendi

Defendants who knowingly breached the injunction are liable for contempt of court. Where strong mitigation exists, including undertakings, apologies, and personal circumstances, a suspended sentence or no penalty may be appropriate. Defendants without prior knowledge of the injunction and who have already served criminal sentences should not be further penalised.

Court Disposition

Application for committal disposed; undertakings accepted for most Defendants; suspended committal for Onley; no penalty for Goodey.

Orders

  • Committal order for Nicholas Onley: 24 days imprisonment, suspended for 2 years on terms as in Kirin judgment.
  • No penalty imposed on Jan Goodey.