National Highways Ltd v Louis Lancaster [2021] EWHC 3080 (KB) (07 October 2022)

National Highways Ltd v Louis Lancaster [2021] EWHC 3080 (KB) (07 October 2022)

The defendant deliberately breached a clear court order by protesting on a gantry over the M25, causing significant disruption and harm; the seriousness and flagrancy of the breach, combined with high culpability and significant harm, justified a custodial sentence, but early admission, mitigation, and an...

Source-derived case information.

Citation
[2021] EWHC 3080 (KB)
Parties
Claimant: National Highways Limited; Defendant: Louise Lancaster
Jurisdiction
England and Wales
Judgment Date
07 October 2022
Procedural Posture
Contempt of Court Application (cpr 81) / Judgment on Penalty After Admission of Contempt
Outcome
Defendant found in contempt of court; sentence of 42 days' imprisonment suspended for two years; costs awarded to claimant.
Legal Topics
Contempt of Court, Protest Law, Injunctions, Sentencing, Costs
Civil Procedure Public Order Human Rights Contempt of Court Protest Law Injunctions Sentencing Costs

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Parties

National Highways Limited

Claimant

Louise Lancaster

Defendant

Procedural Posture

Contempt of Court Application (cpr 81) / Judgment on Penalty After Admission of Contempt

Legal Issues

  1. 1 Whether the defendant knowingly and deliberately breached a court order and is in contempt of court
  2. 2 Appropriate penalty for contempt in the context of protest action
  3. 3 Appropriate award of costs

Ratio Decidendi

The defendant deliberately breached a clear court order by protesting on a gantry over the M25, causing significant disruption and harm; the seriousness and flagrancy of the breach, combined with high culpability and significant harm, justified a custodial sentence, but early admission, mitigation, and an unequivocal undertaking to comply in future warranted suspension of the sentence.

Court Disposition

Defendant found in contempt of court; sentence of 42 days' imprisonment suspended for two years; costs awarded to claimant.

Orders

  • 42 days' imprisonment suspended for two years on condition of compliance with the order
  • Defendant to pay claimant's costs in the sum of £22,000