National Highways Limited v Callum Goodie & Anor

National Highways Limited v Callum Goodie & Anor

Both defendants were found liable for contempt by technical breach of the Chamberlain Order, as all elements were proved to the criminal standard. However, both discharged the civil burden of proving absence of actual knowledge of the injunction or its material terms at the relevant time. Accordingly, no penalty was imposed.

Parties
Claimant: National Highways Limited; Defendant: Callum Goode; Defendant: Tez Burns
Jurisdiction
England and Wales
Judgment Date
20 June 2024
Procedural Posture
Contempt of Court Application / Judgment After Adjourned Hearing on Liability and Knowledge
Outcome
Defendants found in technical breach of the Chamberlain Order but no penalty imposed due to lack of actual knowledge.
Legal Topics
Breach of Injunction, Service of Court Orders, Standard of Proof in Contempt, Knowledge Requirement for Contempt
Civil Procedure Contempt of Court Breach of Injunction Service of Court Orders Standard of Proof in Contempt Knowledge Requirement for Contempt

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Parties

National Highways Limited

Claimant

Callum Goode

Defendant

Tez Burns

Defendant

Procedural Posture

Contempt of Court Application / Judgment After Adjourned Hearing on Liability and Knowledge

Legal Issues

  1. 1 Whether the defendants are liable for contempt of court for breach of the Chamberlain Order
  2. 2 Whether the defendants had actual knowledge of the injunction and its material terms

Ratio Decidendi

Both defendants were found liable for contempt by technical breach of the Chamberlain Order, as all elements were proved to the criminal standard. However, both discharged the civil burden of proving absence of actual knowledge of the injunction or its material terms at the relevant time. Accordingly, no penalty was imposed.

Court Disposition

Defendants found in technical breach of the Chamberlain Order but no penalty imposed due to lack of actual knowledge.