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)

Both defendants deliberately breached the interim injunction by protesting within the buffer zone. The breach was peaceful and caused little or no harm, falling within category B culpability and category 3 harm. Early admissions entitled both to a one-third reduction in penalty. Financial penalties were set...

Source-derived case information.

Citation
[2022] EWHC 1459 (QB)
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) / Sentencing Judgment After Admitted Breach of Interim Injunction
Outcome
Defendants found in contempt of court; financial penalties imposed.
Legal Topics
Contempt of Court, Interim Injunctions, Protest Law, Sentencing for Contempt
Civil Procedure Public Order Environmental Law Contempt of Court Interim Injunctions Protest Law Sentencing for Contempt

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Parties

North Warwickshire Borough Council

Claimant

Jonathan Coleman

Defendant

Samuel Johnson

Defendant

Procedural Posture

Contempt of Court Proceedings (civil) / Sentencing Judgment After Admitted Breach of Interim Injunction

Legal Issues

  1. 1 Whether the defendants breached the interim injunction order of 14 April 2022
  2. 2 Appropriate penalty for contempt of court for breach of injunction

Ratio Decidendi

Both defendants deliberately breached the interim injunction by protesting within the buffer zone. The breach was peaceful and caused little or no harm, falling within category B culpability and category 3 harm. Early admissions entitled both to a one-third reduction in penalty. Financial penalties were set according to means: £600 for Mr Coleman and £300 for Mr Johnson.

Court Disposition

Defendants found in contempt of court; financial penalties imposed.

Orders

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