Secretary of State for Transport & Anor v Cuciurean

Secretary of State for Transport & Anor v Cuciurean

The custody threshold for contempt was clearly passed due to persistent, deliberate, and knowing breaches of a court order protecting HS2 land, causing material disruption and undermining the rule of law. However, given the civil liberties context and the respondent's principled protest, a six-month custodial sentence was imposed but suspended for 12 months on condition of compliance with any relevant court order.

Parties
Claimant/applicant: The Secretary of State for Transport; Claimant/applicant: High Speed Two (HS2) Limited; Defendant/respondent: Elliott Cuciurean
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Contempt Proceedings / Sentencing Judgment
Outcome
Six months' imprisonment imposed for contempt, suspended for 12 months on condition of compliance with court orders.
Legal Topics
Breach of Injunction, Civil Disobedience, Sentencing for Contempt, Protest Rights, Rule of Law
Civil Procedure Contempt of Court Property Law Human Rights Breach of Injunction Civil Disobedience Sentencing for Contempt Protest Rights +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Secretary of State for Transport

Claimant/applicant

High Speed Two (HS2) Limited

Claimant/applicant

Elliott Cuciurean

Defendant/respondent

Procedural Posture

Contempt Proceedings / Sentencing Judgment

Legal Issues

  1. 1 Whether the custody threshold for contempt is passed
  2. 2 Appropriate sanction for breach of court order by protestor
  3. 3 Effect of new CPR Part 81 rules on proceedings

Ratio Decidendi

The custody threshold for contempt was clearly passed due to persistent, deliberate, and knowing breaches of a court order protecting HS2 land, causing material disruption and undermining the rule of law. However, given the civil liberties context and the respondent's principled protest, a six-month custodial sentence was imposed but suspended for 12 months on condition of compliance with any relevant court order.

Court Disposition

Six months' imprisonment imposed for contempt, suspended for 12 months on condition of compliance with court orders.

Orders

  • Respondent sentenced to six months' imprisonment, to serve half if activated.
  • Sentence suspended for 12 months from date of order, conditional on compliance with any court order in England and Wales endorsed with a penal notice enjoining entry upon land.