Lukjanenko v Medway Council [2018] EWCA Civ 612 (27 March 2018)

Lukjanenko v Medway Council [2018] EWCA Civ 612 (27 March 2018)

The appellant's admitted publications on Facebook breached the terms of both the Reporting Restriction Order and Protection from Harassment Act injunctions, justifying activation of suspended sentences and imposition of a further custodial sentence. The sentence imposed was proportionate given repeated breaches and disregard for court orders.

Citation
[2018] EWCA Civ 612
Parties
Appellant: Eugene Lukjanenko; Respondent: Medway Council
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Reporting Restriction Orders, Protection From Harassment, Committal Proceedings, Breach of Injunctions, Sentencing for Contempt
Family Law Civil Procedure Contempt of Court Reporting Restriction Orders Protection From Harassment Committal Proceedings Breach of Injunctions Sentencing for Contempt

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Parties

Eugene Lukjanenko

Appellant

Medway Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant breached Reporting Restriction Order and Protection from Harassment Act injunctions
  2. 2 Whether the breaches justified activation of suspended sentences and imposition of further custodial sentence
  3. 3 Interpretation of public domain provision in RRO

Ratio Decidendi

The appellant's admitted publications on Facebook breached the terms of both the Reporting Restriction Order and Protection from Harassment Act injunctions, justifying activation of suspended sentences and imposition of a further custodial sentence. The sentence imposed was proportionate given repeated breaches and disregard for court orders.

Court Disposition

appeal dismissed

Orders

  • Recorder's order upheld
  • Clause 15(g) of RRO amended to exclude child's name from public domain provision