London Borough of Lambeth & Ors v Pead [2013] EWHC 1419 (QB) (10 April 2013)

London Borough of Lambeth & Ors v Pead [2013] EWHC 1419 (QB) (10 April 2013)

The defendant was found to have breached the injunction by continuing to publish and allow the presence of prohibited material online, and by sending harassing communications, all contrary to the express terms of the order. The breaches were proved to the criminal standard. The defendant's apology was equivocal and...

Source-derived case information.

Citation
[2013] EWHC 1419 (QB)
Parties
Claimant: London Borough of Lambeth & Others; Defendant: Mr. Brian Pead
Jurisdiction
England and Wales
Judgment Date
10 April 2013
Procedural Posture
Contempt of Court / Committal Application / Judgment Following Committal Application for Breach of Injunction
Outcome
Defendant found in contempt of court; sentenced to 28 days' imprisonment; costs awarded to claimants; application to purge contempt refused.
Legal Topics
Breach of Injunction, Harassment, Privacy, Data Protection, Civil Contempt, Costs
Civil Procedure Injunctions Contempt of Court Breach of Injunction Harassment Privacy Data Protection Civil Contempt +1 more

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Parties

London Borough of Lambeth & Others

Claimant

Mr. Brian Pead

Defendant

Procedural Posture

Contempt of Court / Committal Application / Judgment Following Committal Application for Breach of Injunction

Legal Issues

  1. 1 Whether the defendant breached the terms of the injunction granted on 7th February 2013
  2. 2 Whether the breaches amounted to contempt of court
  3. 3 Whether the defendant's application to purge contempt should be accepted

Ratio Decidendi

The defendant was found to have breached the injunction by continuing to publish and allow the presence of prohibited material online, and by sending harassing communications, all contrary to the express terms of the order. The breaches were proved to the criminal standard. The defendant's apology was equivocal and insufficient to purge the contempt. Costs were awarded to the claimants as the proceedings were justified and successful.

Court Disposition

Defendant found in contempt of court; sentenced to 28 days' imprisonment; costs awarded to claimants; application to purge contempt refused.

Orders

  • Defendant sentenced to 28 days' imprisonment for contempt of court.
  • Defendant ordered to pay claimants' costs of £21,601.60 (14th and 27th March hearings) and £2,747.60 (today's hearing), payable within 28 days.