Cheshire East Borough Council v Maloney [2021] EWHC 1156 (QB) (04 May 2021)

Cheshire East Borough Council v Maloney [2021] EWHC 1156 (QB) (04 May 2021)

Mr Maloney was found guilty of contempt of court for ten proven breaches of planning injunctions, as he knowingly and deliberately encouraged and permitted unauthorised development and siting of caravans in breach of clear court orders, with full awareness of their terms and consequences. The seriousness of the contempts warranted a custodial sentence, but the sentence was suspended due to the incentive for compliance, the defendant's existing custody, COVID-19 hardships, and family impact. The continuing injunction was limited to eight caravans, reflecting the status quo before the breaches, as allowing additional caravans would reward disobedience and undermine the authority of the court.

Citation
[2021] EWHC 1156
Parties
Claimant: Cheshire East Borough Council; Defendant: Michael Maloney
Jurisdiction
England and Wales
Judgment Date
04 May 2021
Procedural Posture
Committal for Contempt and Application for Planning Injunction / Sentencing and Final Order After Finding of Contempt
Outcome
Defendant found guilty of contempt of court; sentenced to 8 months imprisonment suspended for 2 years; continuing injunction granted; costs awarded to claimant.
Legal Topics
Contempt of Court, Planning Injunctions, Enforcement of Court Orders, Article 8 ECHR, Public Sector Equality Duty
Planning Law Civil Procedure Human Rights Contempt of Court Planning Injunctions Enforcement of Court Orders Article 8 ECHR Public Sector Equality Duty

Case Brief

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Parties

Cheshire East Borough Council

Claimant

Michael Maloney

Defendant

Procedural Posture

Committal for Contempt and Application for Planning Injunction / Sentencing and Final Order After Finding of Contempt

Legal Issues

  1. 1 Whether the defendant is guilty of contempt of court for breach of planning injunctions
  2. 2 What is the appropriate sentence for contempt
  3. 3 What are the proper terms of a continuing planning injunction

Ratio Decidendi

Mr Maloney was found guilty of contempt of court for ten proven breaches of planning injunctions, as he knowingly and deliberately encouraged and permitted unauthorised development and siting of caravans in breach of clear court orders, with full awareness of their terms and consequences. The seriousness of the contempts warranted a custodial sentence, but the sentence was suspended due to the incentive for compliance, the defendant's existing custody, COVID-19 hardships, and family impact. The continuing injunction was limited to eight caravans, reflecting the status quo before the breaches, as allowing additional caravans would reward disobedience and undermine the authority of the court.

Court Disposition

Defendant found guilty of contempt of court; sentenced to 8 months imprisonment suspended for 2 years; continuing injunction granted; costs awarded to claimant.

Orders

  • Committal order of 8 months imprisonment suspended until 3 May 2023 on condition of compliance with injunction.
  • Defendant to obey terms of injunction until 13 August 2025, including no more than 8 caravans on land and no unauthorised development.