The Mayor and Burgesses of the London Borough of Richmond v Alistair Trotman

The Mayor and Burgesses of the London Borough of Richmond v Alistair Trotman

The only breach of the interim injunction proved was a minor, short-lived physical connection by rope to trees on Richmond's land on 18 July 2023, insufficient to justify committal for contempt. All other alleged breaches were not proved, as the evidence did not establish any physical connection between the vessel and Richmond's land, and anchoring to the river bed alone did not breach the injunction. The terms of the injunction, construed in context and in light of the principle against doubtful penalisation, did not prohibit mere anchoring to the river bed without physical attachment to the land. The application for committal is dismissed.

Parties
Claimant: The Mayor and Burgesses of the London Borough of Richmond; Defendant: Alistair Trotman
Jurisdiction
England and Wales
Judgment Date
20 August 2024
Procedural Posture
Contempt of Court Application / Judgment After Trial of Committal Application
Outcome
Application for committal dismissed
Legal Topics
Contempt of Court, Injunctions, Trespass, Nuisance, Mooring Byelaws, Issue Estoppel, Costs in Civil Proceedings
Civil Procedure Local Government Law Property Law Insolvency Law Contempt of Court Injunctions Trespass Nuisance +3 more

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Parties

The Mayor and Burgesses of the London Borough of Richmond

Claimant

Alistair Trotman

Defendant

Procedural Posture

Contempt of Court Application / Judgment After Trial of Committal Application

Legal Issues

  1. 1 Whether the defendant breached the terms of an interim injunction by mooring or attaching his vessel to the claimant's land or riverbank
  2. 2 Whether anchoring a vessel to the river bed using scaffolding poles constitutes a breach of the injunction or trespass
  3. 3 Whether the contempt alleged is proved to the criminal standard

Ratio Decidendi

The only breach of the interim injunction proved was a minor, short-lived physical connection by rope to trees on Richmond's land on 18 July 2023, insufficient to justify committal for contempt. All other alleged breaches were not proved, as the evidence did not establish any physical connection between the vessel and Richmond's land, and anchoring to the river bed alone did not breach the injunction. The terms of the injunction, construed in context and in light of the principle against doubtful penalisation, did not prohibit mere anchoring to the river bed without physical attachment to the land. The application for committal is dismissed.

Court Disposition

Application for committal dismissed

Orders

  • Application for committal order dismissed
  • Order of HHJ Blair KC (final injunction) to continue in force until 29 July 2028