North Warwickshire Borough Council v De Abreu & Anor [2022] EWHC 1460 (QB) (12 May 2022)

North Warwickshire Borough Council v De Abreu & Anor [2022] EWHC 1460 (QB) (12 May 2022)

The defendants deliberately breached the interim injunction by protesting within the prohibited buffer zone on two occasions. Both breaches were admitted, fell within culpability B and harm category 3, and warranted a financial penalty. However, as the defendants had already served time in custody equivalent to an 18-day sentence, no further penalty was imposed. Each defendant was ordered to pay £195 towards the claimant's costs.

Citation
[2022] EWHC 1460
Parties
Claimant: North Warwickshire Borough Council; Defendant: Lucia Whittaker De Abreu; Defendant: Alyson Lee
Jurisdiction
England and Wales
Judgment Date
12 May 2022
Procedural Posture
Contempt of Court (civil) / Sentencing Judgment
Outcome
No further penalty for contempt due to time served in custody; costs order made against each defendant.
Legal Topics
Interim Injunctions, Contempt of Court, Protest Law, Sentencing for Breach of Injunction, Costs Orders
Civil Procedure Public Order Human Rights Interim Injunctions Contempt of Court Protest Law Sentencing for Breach of Injunction Costs Orders

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Parties

North Warwickshire Borough Council

Claimant

Lucia Whittaker De Abreu

Defendant

Alyson Lee

Defendant

Procedural Posture

Contempt of Court (civil) / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendants breached the terms of an interim injunction prohibiting protest activity within a buffer zone around Kingsbury Oil Terminal
  2. 2 Appropriate penalty for admitted breaches of the injunction
  3. 3 Whether to order the defendants to pay the claimant's costs

Ratio Decidendi

The defendants deliberately breached the interim injunction by protesting within the prohibited buffer zone on two occasions. Both breaches were admitted, fell within culpability B and harm category 3, and warranted a financial penalty. However, as the defendants had already served time in custody equivalent to an 18-day sentence, no further penalty was imposed. Each defendant was ordered to pay £195 towards the claimant's costs.

Court Disposition

No further penalty for contempt due to time served in custody; costs order made against each defendant.

Orders

  • No fine imposed for breaches of injunction as time in custody served is sufficient penalty.
  • Each defendant to pay £195 to the claimant by 1 June 2022.