The Secretary of State for Transport v Elliott Cuciurean

The Secretary of State for Transport v Elliott Cuciurean

The ordinary principles of CPR Part 44 apply to costs in contempt proceedings, including protest cases. There is no special costs protection for contemnors with criminal legal aid. The proportionality of costs orders, in the context of Articles 10 and 11 ECHR, is generally satisfied where the injunction stage has already balanced competing rights and the contemnor knowingly breached the order. The means of the contemnor are only relevant if evidence is provided. The judge's exercise of discretion in awarding partial costs was not flawed.

Parties
Claimant/respondent: The Secretary of State for Transport; Claimant/respondent: High Speed Two (HS2) Limited; Defendant/appellant: Elliott Cuciurean
Jurisdiction
England and Wales
Judgment Date
16 May 2022
Procedural Posture
Civil Appeal / Appeal From High Court (costs Order Following Committal for Contempt)
Outcome
appeal dismissed
Legal Topics
Costs in Contempt Proceedings, Freedom of Expression, Freedom of Assembly, Injunctions, Protest Law, Proportionality, Legal Aid, Enforcement of Court Orders
Civil Procedure Human Rights Property Law Costs in Contempt Proceedings Freedom of Expression Freedom of Assembly Injunctions Protest Law +3 more

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Parties

The Secretary of State for Transport

Claimant/respondent

High Speed Two (HS2) Limited

Claimant/respondent

Elliott Cuciurean

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (costs Order Following Committal for Contempt)

Legal Issues

  1. 1 What approach should the court take to costs orders against contemnors in protest cases?
  2. 2 Does the proportionality principle under Articles 10 and 11 ECHR require special treatment of costs in contempt proceedings?
  3. 3 Is there a legislative lacuna regarding costs protection for contemnors with criminal legal aid?

Ratio Decidendi

The ordinary principles of CPR Part 44 apply to costs in contempt proceedings, including protest cases. There is no special costs protection for contemnors with criminal legal aid. The proportionality of costs orders, in the context of Articles 10 and 11 ECHR, is generally satisfied where the injunction stage has already balanced competing rights and the contemnor knowingly breached the order. The means of the contemnor are only relevant if evidence is provided. The judge's exercise of discretion in awarding partial costs was not flawed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The costs order of £25,000 against Mr Cuciurean stands.