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

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

The defendant deliberately breached a valid court order by protesting on a gantry over the M25, causing significant disruption and harm. The breach was admitted at the earliest opportunity, and the defendant gave an unequivocal undertaking to comply in future. The appropriate penalty is a custodial sentence of 42...

Source-derived case information.

Citation
[2022] 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 / Judgment on Penalty Following Admission of Contempt
Outcome
Defendant found in contempt of court; sentenced to 42 days' imprisonment suspended for two years; ordered to pay £22,000 in costs.
Legal Topics
Contempt of Court, Protest Law, Sentencing, Costs, Freedom of Assembly
Civil Procedure Public Order Human Rights Contempt of Court Protest Law Sentencing Costs Freedom of Assembly

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Parties

National Highways Limited

Claimant

Louise Lancaster

Defendant

Procedural Posture

Contempt of Court Application / Judgment on Penalty Following 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 in contempt proceedings

Ratio Decidendi

The defendant deliberately breached a valid court order by protesting on a gantry over the M25, causing significant disruption and harm. The breach was admitted at the earliest opportunity, and the defendant gave an unequivocal undertaking to comply in future. The appropriate penalty is a custodial sentence of 42 days, suspended for two years, and costs of £22,000 awarded to the claimant.

Court Disposition

Defendant found in contempt of court; sentenced to 42 days' imprisonment suspended for two years; ordered to pay £22,000 in costs.

Orders

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