NORTH WARWICKSHIRE BOROUGH COUNCIL v KATE BRAMFITT

NORTH WARWICKSHIRE BOROUGH COUNCIL v KATE BRAMFITT

The defendants deliberately breached the interim injunction by participating in a protest that obstructed access to Kingsbury Oil Terminal, causing significant disruption and diversion of police resources. The seriousness of the contempt warranted custodial sentences, but as first breaches and in light of mitigation, the sentences were suspended on condition of future compliance. Costs were ordered proportionately based on means.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Kate Bramfitt; Defendant: Janine Eagling; Defendant: Julia Mercer; Defendant: Theresa Norton; Defendant: Jade Calland
Jurisdiction
England and Wales
Judgment Date
23 September 2022
Procedural Posture
Civil Contempt Proceedings / Sentencing Judgment
Outcome
Defendants found in contempt of court; custodial sentences imposed and suspended; costs orders made against each defendant.
Legal Topics
Breach of Injunction, Civil Disobedience, Sentencing for Contempt, Costs Orders
Civil Procedure Injunctions Contempt of Court Breach of Injunction Civil Disobedience Sentencing for Contempt Costs Orders

Case Brief

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Parties

North Warwickshire Borough Council

Claimant

Kate Bramfitt

Defendant

Janine Eagling

Defendant

Julia Mercer

Defendant

Theresa Norton

Defendant

Jade Calland

Defendant

Procedural Posture

Civil Contempt Proceedings / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendants breached the terms of the interim injunction
  2. 2 Appropriate penalty for contempt of court arising from protest activity
  3. 3 Whether sentences should be suspended

Ratio Decidendi

The defendants deliberately breached the interim injunction by participating in a protest that obstructed access to Kingsbury Oil Terminal, causing significant disruption and diversion of police resources. The seriousness of the contempt warranted custodial sentences, but as first breaches and in light of mitigation, the sentences were suspended on condition of future compliance. Costs were ordered proportionately based on means.

Court Disposition

Defendants found in contempt of court; custodial sentences imposed and suspended; costs orders made against each defendant.

Orders

  • Kate Bramfitt: 19 days' imprisonment suspended for 2 years, £412.46 costs payable at £10/month
  • Janine Eagling: 24 days' imprisonment suspended for 2 years, £412.46 costs payable at £25/month