NORTH WARWICKSHIRE BOROUGH COUNCIL v EDRED WHITTINGHAM

NORTH WARWICKSHIRE BOROUGH COUNCIL v EDRED WHITTINGHAM

The defendants deliberately breached a validly served interim injunction by participating in a protest that obstructed access to Kingsbury Oil Terminal, causing significant disruption and diversion of police resources. The contempt was sufficiently serious to cross the custody threshold, but given the defendants' motives, lack of prior breaches (except Mr Williams), and early admissions, custodial sentences were imposed but suspended on condition of future compliance.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Edred Whittingham; Defendant: Meredith Williams; Defendant: Stephen Jarvis; Defendant: Charles Laurie; Defendant: Caroline Cattermole; Defendant: Daniel Shaw
Jurisdiction
England and Wales
Judgment Date
22 September 2022
Procedural Posture
Contempt of Court (civil) / Sentencing After Admission of Breach of Interim Injunction
Outcome
Defendants found in contempt; custodial sentences imposed and suspended; costs awarded to claimant.
Legal Topics
Contempt of Court, Injunctions, Civil Disobedience, Sentencing, Protest Law
Civil Procedure Public Order Human Rights Contempt of Court Injunctions Civil Disobedience Sentencing Protest Law

Case Brief

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Parties

North Warwickshire Borough Council

Claimant

Edred Whittingham

Defendant

Meredith Williams

Defendant

Stephen Jarvis

Defendant

Charles Laurie

Defendant

Caroline Cattermole

Defendant

Daniel Shaw

Defendant

Procedural Posture

Contempt of Court (civil) / Sentencing After Admission of Breach of Interim Injunction

Legal Issues

  1. 1 Whether the defendants breached the terms of an interim injunction by participating in a protest at Kingsbury Oil Terminal
  2. 2 Appropriate penalty for contempt of court in the context of civil disobedience

Ratio Decidendi

The defendants deliberately breached a validly served interim injunction by participating in a protest that obstructed access to Kingsbury Oil Terminal, causing significant disruption and diversion of police resources. The contempt was sufficiently serious to cross the custody threshold, but given the defendants' motives, lack of prior breaches (except Mr Williams), and early admissions, custodial sentences were imposed but suspended on condition of future compliance.

Court Disposition

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

Orders

  • Edred Whittingham, Stephen Jarvis, Charles Laurie, Caroline Cattermole, and Daniel Shaw each sentenced to 21 days' imprisonment, suspended for 2 years on condition of compliance with injunction.
  • Meredith Williams sentenced to 26 days' imprisonment, suspended for 2 years on condition of compliance with injunction.