North Warwickshire Borough Council v Nixon & Anor [2022] EWHC 1517 (QB) (11 May 2022)

North Warwickshire Borough Council v Nixon & Anor [2022] EWHC 1517 (QB) (11 May 2022)

The defendants admitted three breaches of an interim injunction prohibiting protest within a defined buffer zone at Kingsbury Oil Terminal. The most serious breach occurred on 4 May 2022, while the defendants were on bail and failed to attend court, constituting a persistent and deliberate violation. The court applied criminal sentencing guidelines by analogy, determined the appropriate penalty for the lead breach would have been 28 days' imprisonment, reduced to 18 days for admissions. As the defendants had already served 18 days in custody on remand, no further order was made.

Citation
[2022] EWHC 1517 (QB)
Parties
Claimant: North Warwickshire Borough Council; Defendant: David Nixon; Defendant: Margaret Reid
Jurisdiction
England and Wales
Judgment Date
11 May 2022
Procedural Posture
Contempt of Court (civil Injunction Breach) / Sentencing/final Judgment
Outcome
No further order; defendants deemed to have served sentence by time on remand.
Legal Topics
Contempt of Court, Interim Injunctions, Protest Law, Sentencing for Civil Contempt
Civil Procedure Public Order Environmental Law Contempt of Court Interim Injunctions Protest Law Sentencing for Civil Contempt

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Parties

North Warwickshire Borough Council

Claimant

David Nixon

Defendant

Margaret Reid

Defendant

Procedural Posture

Contempt of Court (civil Injunction Breach) / Sentencing/final Judgment

Legal Issues

  1. 1 Whether the defendants breached the terms of the interim injunction order
  2. 2 Appropriate penalty for admitted breaches of a civil injunction

Ratio Decidendi

The defendants admitted three breaches of an interim injunction prohibiting protest within a defined buffer zone at Kingsbury Oil Terminal. The most serious breach occurred on 4 May 2022, while the defendants were on bail and failed to attend court, constituting a persistent and deliberate violation. The court applied criminal sentencing guidelines by analogy, determined the appropriate penalty for the lead breach would have been 28 days' imprisonment, reduced to 18 days for admissions. As the defendants had already served 18 days in custody on remand, no further order was made.

Court Disposition

No further order; defendants deemed to have served sentence by time on remand.

Orders

  • Record that each defendant has served the equivalent of an 18-day custodial sentence for contempt.
  • No order as to costs.