MANCHESTER CITY COUNCIL v IAN CALDERLEY-HARPER

MANCHESTER CITY COUNCIL v IAN CALDERLEY-HARPER

Given the defendant's repeated breaches of a clear injunction over a prolonged period, and previous custodial sentences failing to deter further breaches, a twelve-week custodial sentence is appropriate, with time in custody to be deducted.

Parties
Claimant: Manchester City Council; Defendant: Ian Calderley-Harper
Jurisdiction
England and Wales
Judgment Date
18 May 2022
Procedural Posture
Civil / Judgment
Outcome
defendant sentenced to imprisonment
Legal Topics
Injunction Breach, Contempt of Court, Sentencing
Civil Procedure Injunction Breach Contempt of Court Sentencing

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Manchester City Council

Claimant

Ian Calderley-Harper

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the injunction by entering the Arndale Centre
  2. 2 Appropriate sentence for repeated breaches of injunction

Ratio Decidendi

Given the defendant's repeated breaches of a clear injunction over a prolonged period, and previous custodial sentences failing to deter further breaches, a twelve-week custodial sentence is appropriate, with time in custody to be deducted.

Court Disposition

defendant sentenced to imprisonment

Orders

  • Defendant to serve twelve weeks' imprisonment, calculated in days with deduction for time already spent in custody.