North Warwickshire Borough Council v David Nixon & Anor

North Warwickshire Borough Council v David Nixon & Anor

The defendants admitted three breaches of the interim injunction; the most serious breach warranted 28 days' imprisonment, reduced to 18 days for early admission, but as the defendants had already spent 18 days in custody on remand, no further penalty was imposed.

Parties
Claimant: North Warwickshire Borough Council; Defendant: David Nixon; Defendant: Margaret Reid
Jurisdiction
England and Wales
Judgment Date
11 May 2022
Procedural Posture
Civil Contempt Proceedings / Judgment on Penalty for Admitted Breaches of Interim Injunction
Outcome
Defendants found in contempt; no further penalty imposed as time in custody equals sentence.
Legal Topics
Breach of Interim Injunction, Protest Law, Sentencing for Contempt, Remand Credit, Costs in Contempt Proceedings
Civil Procedure Injunctions Contempt of Court Breach of Interim Injunction Protest Law Sentencing for Contempt Remand Credit Costs in Contempt Proceedings

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Parties

North Warwickshire Borough Council

Claimant

David Nixon

Defendant

Margaret Reid

Defendant

Procedural Posture

Civil Contempt Proceedings / Judgment on Penalty for Admitted Breaches of Interim Injunction

Legal Issues

  1. 1 Whether the defendants breached the interim injunction order
  2. 2 Appropriate penalty for contempt of court
  3. 3 Consideration of time spent in custody on remand

Ratio Decidendi

The defendants admitted three breaches of the interim injunction; the most serious breach warranted 28 days' imprisonment, reduced to 18 days for early admission, but as the defendants had already spent 18 days in custody on remand, no further penalty was imposed.

Court Disposition

Defendants found in contempt; no further penalty imposed as time in custody equals sentence.

Orders

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