National Highways Ltd v Springorum & Ors [2022] EWHC 205 (QB) (02 February 2022)

National Highways Ltd v Springorum & Ors [2022] EWHC 205 (QB) (02 February 2022)

Defendants who participated in protests on the M25 on 29 October 2021 deliberately breached the injunction order, satisfying the elements of contempt; sanctions must be custodial due to seriousness, with reductions for early admissions; no breach was established for the 2 November 2021 protest as it did not occur on the M25 as defined in the order.

Citation
[2022] EWHC 205 (QB)
Parties
Claimant: National Highways Limited; Defendant: Arne Springorum; Defendant: Ben Taylor; Defendant: Benjamin Buse; Defendant: Biff Whipster; Defendant: Christian Rowe; Defendant: David Nixon; Defendant: Diana Warner; Defendant: Ellie Litten; Defendant: Gabriella Ditton; Defendant: Indigo Rumbelow; Defendant: Jessica Causby; Defendant: Liam Norton; Defendant: Paul Sheeky; Defendant: Ruth Jarman; Defendant: Stephanie Aylett; Defendant: Stephen Gower; Defendant: Stephen Pritchard; Defendant: Sue Parfitt; Defendant: Theresa Norton
Jurisdiction
England and Wales
Judgment Date
02 February 2022
Procedural Posture
Committal for Contempt of Court (civil Injunction Breach) / Judgment After Hearing on Committal Applications
Outcome
Application for committal granted in respect of 29 October 2021 breaches; dismissed for 2 November 2021 events.
Legal Topics
Contempt of Court, Injunctions, Protest Law, Sentencing for Contempt, Article 10 ECHR, Article 11 ECHR
Civil Procedure Public Order Human Rights Contempt of Court Injunctions Protest Law Sentencing for Contempt Article 10 ECHR +1 more

Case Brief

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Parties

National Highways Limited

Claimant

Arne Springorum

Defendant

Ben Taylor

Defendant

Benjamin Buse

Defendant

Biff Whipster

Defendant

Christian Rowe

Defendant

David Nixon

Defendant

Diana Warner

Defendant

Ellie Litten

Defendant

Gabriella Ditton

Defendant

Indigo Rumbelow

Defendant

Jessica Causby

Defendant

Liam Norton

Defendant

Paul Sheeky

Defendant

Ruth Jarman

Defendant

Stephanie Aylett

Defendant

Stephen Gower

Defendant

Stephen Pritchard

Defendant

Sue Parfitt

Defendant

Theresa Norton

Defendant

Procedural Posture

Committal for Contempt of Court (civil Injunction Breach) / Judgment After Hearing on Committal Applications

Legal Issues

  1. 1 Whether defendants breached the terms of the M25 injunction order of 21 September 2021
  2. 2 Whether conduct on 2 November 2021 constituted a breach of the order
  3. 3 Appropriate sanction for admitted breaches on 29 October 2021

Ratio Decidendi

Defendants who participated in protests on the M25 on 29 October 2021 deliberately breached the injunction order, satisfying the elements of contempt; sanctions must be custodial due to seriousness, with reductions for early admissions; no breach was established for the 2 November 2021 protest as it did not occur on the M25 as defined in the order.

Court Disposition

Application for committal granted in respect of 29 October 2021 breaches; dismissed for 2 November 2021 events.

Orders

  • Ben Taylor: 32 days immediate custody, consecutive to existing term
  • Benjamin Buse: 40 days suspended for 2 years