NORTH WARWICKSHIRE BOROUGH COUNCIL v JONATHAN COLEMAN & ANOR.

NORTH WARWICKSHIRE BOROUGH COUNCIL v JONATHAN COLEMAN & ANOR.

The defendants admitted breaching the interim injunction by protesting within the buffer zone. The breach was deliberate but caused little or no harm. The appropriate penalty is a fine, reduced by one-third for early admission, and set according to each defendant's means. No costs order is made due to lack of a relevant costs schedule.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Jonathan Coleman; Defendant: Samuel Johnson
Jurisdiction
England and Wales
Judgment Date
12 May 2022
Procedural Posture
Civil Contempt Proceedings / Sentencing After Admission of Breach of Interim Injunction
Outcome
Defendants found in contempt of court and fined; no order as to costs.
Legal Topics
Breach of Injunction, Protest Law, Sentencing for Contempt, Costs Orders
Civil Procedure Injunctions Contempt of Court Breach of Injunction Protest Law Sentencing for Contempt Costs Orders

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Parties

North Warwickshire Borough Council

Claimant

Jonathan Coleman

Defendant

Samuel Johnson

Defendant

Procedural Posture

Civil Contempt Proceedings / Sentencing After Admission of 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
  3. 3 Whether a costs order should be made against the defendants

Ratio Decidendi

The defendants admitted breaching the interim injunction by protesting within the buffer zone. The breach was deliberate but caused little or no harm. The appropriate penalty is a fine, reduced by one-third for early admission, and set according to each defendant's means. No costs order is made due to lack of a relevant costs schedule.

Court Disposition

Defendants found in contempt of court and fined; no order as to costs.

Orders

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