North Warwickshire Borough Council v Diane Hekt & Anor.

North Warwickshire Borough Council v Diane Hekt & Anor.

The defendants admitted breaching the injunction by participating in a protest that obstructed access to Kingsbury Oil Terminal. The breaches were serious enough to cross the custody threshold, but given the peaceful nature, first-time breach, and mitigation, custodial sentences were imposed but suspended for two years on condition of compliance.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Diane Hekt; Defendant: Ruth Jarman
Jurisdiction
England and Wales
Judgment Date
20 September 2022
Procedural Posture
Committal for Contempt of Court / Sentencing After Admission of Breach
Outcome
Defendants found in contempt; custodial sentences imposed and suspended; costs awarded to claimant.
Legal Topics
Contempt of Court, Injunctions, Protest Law, Sentencing
Civil Procedure Public Order Human Rights Contempt of Court Injunctions Protest Law Sentencing

Case Brief

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Parties

North Warwickshire Borough Council

Claimant

Diane Hekt

Defendant

Ruth Jarman

Defendant

Procedural Posture

Committal for Contempt of Court / Sentencing After Admission of Breach

Legal Issues

  1. 1 Whether the defendants breached the terms of the injunction
  2. 2 Appropriate penalty for contempt of court

Ratio Decidendi

The defendants admitted breaching the injunction by participating in a protest that obstructed access to Kingsbury Oil Terminal. The breaches were serious enough to cross the custody threshold, but given the peaceful nature, first-time breach, and mitigation, custodial sentences were imposed but suspended for two years on condition of compliance.

Court Disposition

Defendants found in contempt; custodial sentences imposed and suspended; costs awarded to claimant.

Orders

  • Diane Hekt sentenced to 25 days' imprisonment, suspended for 2 years on condition of compliance with injunction.
  • Ruth Jarman sentenced to 30 days' imprisonment, suspended for 2 years on condition of compliance with injunction.