National Highways Ltd v Buse

National Highways Ltd v Buse

All defendants were validly served with the injunction, knowingly and deliberately breached its terms by obstructing the M25/A206 as part of a protest, and are therefore in contempt of court. The custody threshold is passed. Sentences are reduced for early admission and current prison conditions. Suspension is appropriate for most defendants due to cessation of protests and engagement in dialogue, except for the third defendant (Diana Warner) who did not engage with the court and receives an immediate custodial sentence.

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 Application (civil) / Sanctions/sentencing After Admission of Contempt
Outcome
Defendants found in contempt of court; custodial sentences imposed, mostly suspended.
Legal Topics
Contempt of Court, Injunctions, Sanctions for Protest, Freedom of Expression, Freedom of Assembly
Civil Procedure Human Rights Public Order Contempt of Court Injunctions Sanctions for Protest Freedom of Expression Freedom of Assembly

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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 Application (civil) / Sanctions/sentencing After Admission of Contempt

Legal Issues

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

Ratio Decidendi

All defendants were validly served with the injunction, knowingly and deliberately breached its terms by obstructing the M25/A206 as part of a protest, and are therefore in contempt of court. The custody threshold is passed. Sentences are reduced for early admission and current prison conditions. Suspension is appropriate for most defendants due to cessation of protests and engagement in dialogue, except for the third defendant (Diana Warner) who did not engage with the court and receives an immediate custodial sentence.

Court Disposition

Defendants found in contempt of court; custodial sentences imposed, mostly suspended.

Orders

  • First defendant (Benjamin Buse): 30 days imprisonment consecutive to current sentence, not suspended.
  • Second defendant (Biff Whipster): 2 months imprisonment for 8 October 2021, 30 days consecutive for 27 October 2021, both suspended for 2 years on condition of no further breach.