National Highways Ltd v Buse & Ors [2021] EWHC 3404 (QB) (15 December 2021)

National Highways Ltd v Buse & Ors [2021] EWHC 3404 (QB) (15 December 2021)

All defendants deliberately breached a validly served injunction order, causing substantial disruption and harm. The custody threshold is crossed for all, but sentences are reduced for early admissions and mitigating factors. Suspension of sentences is justified for most defendants due to cessation of protests and engagement with the court, except for the third defendant who did not engage in dialogue and is sentenced to immediate imprisonment.

Citation
[2021] EWHC 3404
Parties
Claimant: National Highways Limited; Defendant: Benjamin Buse; Defendant: Biff Whipster; Defendant: Diana Warner; Defendant: Paul Sheeky; Defendant: Richard Ramsden; Defendant: Ruth Jarman; Defendant: Stephen Gower; Defendant: Stephen Pritchard; Defendant: Sue Parfitt
Jurisdiction
England and Wales
Judgment Date
15 December 2021
Procedural Posture
Contempt of Court Proceedings / Sanction/sentencing After Admission of Contempt
Outcome
Defendants found in contempt of court; sentences of imprisonment imposed, with most suspended.
Legal Topics
Contempt of Court, Injunctions, Protest Law, Sentencing Principles, Freedom of Expression, Freedom of Assembly
Civil Procedure Public Order Human Rights Contempt of Court Injunctions Protest Law Sentencing Principles Freedom of Expression +1 more

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Parties

National Highways Limited

Claimant

Benjamin Buse

Defendant

Biff Whipster

Defendant

Diana Warner

Defendant

Paul Sheeky

Defendant

Richard Ramsden

Defendant

Ruth Jarman

Defendant

Stephen Gower

Defendant

Stephen Pritchard

Defendant

Sue Parfitt

Defendant

Procedural Posture

Contempt of Court Proceedings / Sanction/sentencing After Admission of Contempt

Legal Issues

  1. 1 Whether the defendants are in contempt of court for breaching the injunction order of 21 September 2021
  2. 2 What sanctions are appropriate for the admitted contempts

Ratio Decidendi

All defendants deliberately breached a validly served injunction order, causing substantial disruption and harm. The custody threshold is crossed for all, but sentences are reduced for early admissions and mitigating factors. Suspension of sentences is justified for most defendants due to cessation of protests and engagement with the court, except for the third defendant who did not engage in dialogue and is sentenced to immediate imprisonment.

Court Disposition

Defendants found in contempt of court; sentences of imprisonment imposed, with most suspended.

Orders

  • Benjamin Buse: 30 days imprisonment consecutive to existing sentence (not suspended)
  • Biff Whipster: 2 months imprisonment for 8 October 2021 and 30 days for 27 October 2021, both suspended for 2 years