National Farmers' Union & Ors v Tiernan & Ors

National Farmers' Union & Ors v Tiernan & Ors

The First Defendant breached the interim injunction by failing to notify members via specified websites, harassing and intimidating Protected Persons through filming and publication, trespassing, making excessive noise, and demonstrating within prohibited zones. The breaches were proved beyond reasonable doubt.

Parties
Claimant: National Farmers’ Union; Claimant: Peter Kendall; Claimant: Rupert Dod; Claimant: Carl Gray; Claimant: Paul Gould; Defendant: Jay Tiernan; Defendant: David Peel; Defendant: Gloucestershire Badger Defenders; Defendant: Debbie Vincent; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
21 January 2015
Procedural Posture
Contempt of Court Application / Judgment on Liability for Contempt
Outcome
Breaches of the injunction proved against the First Defendant; penalty to be determined after further submissions.
Legal Topics
Breach of Injunction, Harassment, Trespass, Publication of Personal Information, Demonstrations
Civil Procedure Injunctions Contempt of Court Breach of Injunction Harassment Trespass Publication of Personal Information Demonstrations

Case Brief

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Parties

National Farmers’ Union

Claimant

Peter Kendall

Claimant

Rupert Dod

Claimant

Carl Gray

Claimant

Paul Gould

Claimant

Jay Tiernan

Defendant

David Peel

Defendant

Gloucestershire Badger Defenders

Defendant

Debbie Vincent

Defendant

Persons Unknown

Defendant

Procedural Posture

Contempt of Court Application / Judgment on Liability for Contempt

Legal Issues

  1. 1 Whether the First Defendant breached the terms of the interim injunction
  2. 2 Whether the breaches amount to contempt of court

Ratio Decidendi

The First Defendant breached the interim injunction by failing to notify members via specified websites, harassing and intimidating Protected Persons through filming and publication, trespassing, making excessive noise, and demonstrating within prohibited zones. The breaches were proved beyond reasonable doubt.

Court Disposition

Breaches of the injunction proved against the First Defendant; penalty to be determined after further submissions.

Orders

  • Court finds First Defendant in contempt for nine breaches of the interim injunction.
  • Further hearing to determine penalty.