London Borough of Lambeth & Ors v Pead

London Borough of Lambeth & Ors v Pead

The defendant was found to have breached the injunction by continuing to publish and allow the presence of prohibited material online, sending harassing communications, and failing to take reasonable steps to comply with the court's orders. The breaches were proved to the criminal standard and constituted contempt of court. The defendant's apology was found to be equivocal and insufficient to purge the contempt.

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

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Parties

London Borough of Lambeth & Others

Claimant

Mr. Brian Pead

Defendant

Procedural Posture

Civil (contempt of Court) / Judgment Following Committal Application for Contempt

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, sending harassing communications, and failing to take reasonable steps to comply with the court's orders. The breaches were proved to the criminal standard and constituted contempt of court. The defendant's apology was found to be equivocal and insufficient to purge the contempt.

Court Disposition

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

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 (10th April hearing), payable within 28 days.