North Warwickshire Borough Council v Eric Hoyland & Ors.

North Warwickshire Borough Council v Eric Hoyland & Ors.

The admitted breaches of the injunction were serious enough to warrant custodial sentences, but for first and second breaches by Hoyland, Rennie-Nash, and Morgan, suspension was appropriate due to their motives and lack of persistent contempt. For Naidu, an immediate custodial sentence was necessary due to repeated breaches. Costs were awarded against all except Naidu due to his immediate incarceration and limited means.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Eric Hoyland; Defendant: Catherine Rennie-Nash; Defendant: Rajan Naidu; Defendant: Peter Morgan
Jurisdiction
England and Wales
Judgment Date
20 September 2022
Procedural Posture
Committal for Contempt of Court / Sentencing After Admission of Breach
Outcome
Custodial sentences imposed; suspended for Hoyland, Rennie-Nash, and Morgan; immediate for Naidu; costs awarded against all except Naidu.
Legal Topics
Breach of Injunction, Civil Disobedience, Sentencing for Contempt, Protest Law
Civil Procedure Injunctions Contempt of Court Breach of Injunction Civil Disobedience Sentencing for Contempt Protest Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

North Warwickshire Borough Council

Claimant

Eric Hoyland

Defendant

Catherine Rennie-Nash

Defendant

Rajan Naidu

Defendant

Peter Morgan

Defendant

Procedural Posture

Committal for Contempt of Court / Sentencing After Admission of Breach

Legal Issues

  1. 1 What is the appropriate penalty for admitted breaches of an interim injunction by the defendants?
  2. 2 Should the sentences be suspended or immediate?
  3. 3 Are the claimants entitled to costs?

Ratio Decidendi

The admitted breaches of the injunction were serious enough to warrant custodial sentences, but for first and second breaches by Hoyland, Rennie-Nash, and Morgan, suspension was appropriate due to their motives and lack of persistent contempt. For Naidu, an immediate custodial sentence was necessary due to repeated breaches. Costs were awarded against all except Naidu due to his immediate incarceration and limited means.

Court Disposition

Custodial sentences imposed; suspended for Hoyland, Rennie-Nash, and Morgan; immediate for Naidu; costs awarded against all except Naidu.

Orders

  • Eric Hoyland: 25 days' imprisonment, suspended for 2 years on condition of compliance with injunction.
  • Catherine Rennie-Nash: 30 days' imprisonment, suspended for 2 years on condition of compliance with injunction.