North Warwickshire Borough Council v Coleman & Anor [2022] EWHC 1459 (QB) (12 May 2022)

North Warwickshire Borough Council v Coleman & Anor [2022] EWHC 1459 (QB) (12 May 2022)

The defendants deliberately breached the interim injunction by protesting within the buffer zone, but the breach was peaceful and caused little or no harm. The appropriate penalty is a fine, reduced by one-third for early admission, and adjusted according to each defendant's means.

Source-derived case information.

Citation
[2022] EWHC 1459
Parties
Claimant: North Warwickshire Borough Council; Defendant: Jonathan Coleman; Defendant: Samuel Johnson
Jurisdiction
England and Wales
Judgment Date
12 May 2022
Procedural Posture
Contempt of Court Proceedings (civil Injunction Breach) / Sentencing After Admission of Breach
Outcome
Defendants found in contempt of court and fined.
Legal Topics
Contempt of Court, Injunctions, Protest Law, Sentencing
Civil Procedure Public Order Contempt of Court Injunctions Protest Law Sentencing

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Parties

North Warwickshire Borough Council

Claimant

Jonathan Coleman

Defendant

Samuel Johnson

Defendant

Procedural Posture

Contempt of Court Proceedings (civil Injunction Breach) / Sentencing After Admission of Breach

  1. 1 Whether the defendants breached the terms of the interim injunction order
  2. 2 Appropriate penalty for admitted contempt of court

Ratio Decidendi

The defendants deliberately breached the interim injunction by protesting within the buffer zone, but the breach was peaceful and caused little or no harm. The appropriate penalty is a fine, reduced by one-third for early admission, and adjusted according to each defendant's means.

Court Disposition

Defendants found in contempt of court and fined.

Orders

  • Jonathan Coleman fined £600, payable in full by 1 June 2022.
  • Samuel Johnson fined £300, payable at £20 per month starting 1 June 2022.