North Warwickshire Borough Council v Eilidh McFadden & Anor

North Warwickshire Borough Council v Eilidh McFadden & Anor

Both defendants knowingly breached the injunction; sanctions must reflect culpability and harm, with mitigation for moral motivation and means; costs to be apportioned proportionally despite errors in the schedule.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Eilidh McFadden; Defendant: Timothy Hewes
Jurisdiction
England and Wales
Judgment Date
19 May 2022
Procedural Posture
Civil Contempt Proceedings / Judgment and Sentencing
Outcome
Defendants found in contempt and fined; costs ordered against them.
Legal Topics
Breach of Injunction, Sanctions for Contempt, Costs Orders
Civil Procedure Injunctions Contempt of Court Breach of Injunction Sanctions for Contempt Costs Orders

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Parties

North Warwickshire Borough Council

Claimant

Eilidh McFadden

Defendant

Timothy Hewes

Defendant

Procedural Posture

Civil Contempt Proceedings / Judgment and Sentencing

Legal Issues

  1. 1 Whether the defendants breached the injunction
  2. 2 Appropriate sanction for breach of injunction
  3. 3 Appropriate costs order

Ratio Decidendi

Both defendants knowingly breached the injunction; sanctions must reflect culpability and harm, with mitigation for moral motivation and means; costs to be apportioned proportionally despite errors in the schedule.

Court Disposition

Defendants found in contempt and fined; costs ordered against them.

Orders

  • Reverend Hewes fined £700 payable within 28 days.
  • Miss McFadden fined £400 payable at £20 per month.