Sunderland City Council v Lioubov MacPherson

Sunderland City Council v Lioubov MacPherson

The defendant knowingly and deliberately breached injunctive orders, amounting to contempt of court, during the currency of a suspended sentence. Her arguments based on Articles 6 and 10 and alleged court corruption are unfounded. The only appropriate penalty is immediate imprisonment, as no lesser sanction would meet the seriousness of the contempt.

Parties
Claimant: Sunderland City Council; Defendant: Lioubov MacPherson
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Committal for Contempt of Court / Judgment After Hearing of Committal Application
Outcome
application for committal granted; defendant found in contempt of court
Legal Topics
Contempt of Court, Injunctions, Freedom of Expression, Mental Capacity, Sentencing
Civil Procedure Mental Health Law Human Rights Contempt of Court Injunctions Freedom of Expression Mental Capacity Sentencing

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Parties

Sunderland City Council

Claimant

Lioubov MacPherson

Defendant

Procedural Posture

Committal for Contempt of Court / Judgment After Hearing of Committal Application

Legal Issues

  1. 1 Whether the defendant breached injunctive orders amounting to contempt of court
  2. 2 Whether the breaches are justified by Article 10 (freedom of expression) or Article 6 (fair hearing)
  3. 3 Appropriate penalty for contempt committed during a suspended sentence

Ratio Decidendi

The defendant knowingly and deliberately breached injunctive orders, amounting to contempt of court, during the currency of a suspended sentence. Her arguments based on Articles 6 and 10 and alleged court corruption are unfounded. The only appropriate penalty is immediate imprisonment, as no lesser sanction would meet the seriousness of the contempt.

Court Disposition

application for committal granted; defendant found in contempt of court

Orders

  • Defendant committed to prison for three months for contempts committed in September 2023.
  • Suspended sentence of 28 days' imprisonment imposed consecutively.