Hart District Council v Freeman & Anor [2024] EWHC 3144 (KB) (22 November 2024)

Hart District Council v Freeman & Anor [2024] EWHC 3144 (KB) (22 November 2024)

The breaches of the injunction by both defendants, while not at the most serious end of the spectrum, were deliberate and repeated over a substantial period, crossing the custodial threshold. However, given the absence of aggravating factors, the reversibility of harm, the defendants' mitigation, and the welfare of...

Source-derived case information.

Citation
[2024] EWHC 3144 (KB)
Parties
Claimant: Hart District Council; Defendant: Helen Freeman; Defendant: Matthew Silvester
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Committal Application for Contempt (breach of Injunction) / Sanction/sentencing Following Finding of Breach
Outcome
Suspended committal orders made against both defendants for breach of injunction.
Legal Topics
Breach of Injunction, Committal Proceedings, Sanctions for Contempt, Suspended Committal Orders
Civil Contempt Planning Law Breach of Injunction Committal Proceedings Sanctions for Contempt Suspended Committal Orders

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Parties

Hart District Council

Claimant

Helen Freeman

Defendant

Matthew Silvester

Defendant

Procedural Posture

Committal Application for Contempt (breach of Injunction) / Sanction/sentencing Following Finding of Breach

Legal Issues

  1. 1 What is the appropriate sanction for breach of a planning injunction by the defendants?
  2. 2 Does the seriousness of the breach cross the custodial threshold?
  3. 3 Should any committal order be suspended?

Ratio Decidendi

The breaches of the injunction by both defendants, while not at the most serious end of the spectrum, were deliberate and repeated over a substantial period, crossing the custodial threshold. However, given the absence of aggravating factors, the reversibility of harm, the defendants' mitigation, and the welfare of their young children, a six-week committal order for each defendant is appropriate but should be suspended for 12 months.

Court Disposition

Suspended committal orders made against both defendants for breach of injunction.

Orders

  • Helen Freeman committed to prison for six weeks, suspended for 12 months from 22 November 2024, to be activated upon further breach within that period.
  • Matthew Silvester committed to prison for six weeks, suspended for 12 months from 22 November 2024, to be activated upon further breach within that period.